refers to a landmark case decided from the Supreme Court of Pakistan in 2012. Here’s a brief overview:
Its enforcement with the provision of capital punishment or life imprisonment underscores the value of human life along with the importance of maintaining regulation and order in society.
Therefore, this petition is found to be not maintainable which is dismissed along with the pending application(s), along with the petitioners may well request remedies through the civil court process as discussed supra. Read more
12. There is not any denial from the fact that in Government service it is expected that the persons getting their character earlier mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is actually a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 133 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
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Reasonable grounds are available on the record to connect the petitioner with the commission in the alleged offence. However punishment from the alleged offence does not tumble inside the prohibitory clause of Section 497, Cr.P.C. however figured out Deputy Prosecutor General apprises that another case of similar nature arising outside of FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is in the credit from the petitioner as accused, therefore, case from the petitioner falls inside the exception where bail cannot be granted even while in the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, steerage has long been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of your same is hereby reproduced:
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the topic issue, we're in the view that the claim of your petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle will not be legally seem, Apart from promotion and seniority, not absolute rights, They are really issue to rules and regulations When the recruitment rules of the topic post allow the case in the petitioners for promotion can be considered, however, we're very clear inside our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum fitness, topic to availability of vacancy matter into the approval with the competent authority. Read more
6. Mere involvement within a heinous offence is not any ground for refusing bail to an accused who otherwise becomes entitled for the concession of bail. The petitioner namely Bhoora was arrested in this case website on 08.05.2018, because then he is driving the bars, he is previous non-convict, never involved in any case, investigation qua him is complete, his person is no more demanded for further investigation, therefore, his steady incarceration would not provide any effective purpose at this stage.
The law as established in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
When the petitioner is solely present for the place of incidence without causing any injury on the deceased or PWs then in these kinds of circumstances, whether he is vicariously liable shall be decided from the realized trial Court after recording with the evidence.
The scrupulous reader may have noticed some thing over: a flaw. Over and above the first 7 words, the definition focuses over the intention to cause “Injury,” not the intention to cause death. The 2 standard elements that must be proven in order to convict a person of the crime are “
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
A decrease court may not rule against a binding precedent, regardless of whether it feels that it's unjust; it might only express the hope that a higher court or even the legislature will reform the rule in question. In the event the court believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the regulation evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts on the cases; some jurisdictions allow for the judge to recommend that an appeal be performed.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.