A Secret Weapon For rule of merger criminal case law pakistan

A Secret Weapon For rule of merger criminal case law pakistan

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“There isn't any ocular evidence to show that Muhammad Abbas was murdered by any from the present petitioners. Mere fact that Noor Muhammad and Muhammad Din saw firstly the deceased and after a long way they noticed the petitioners going towards the same direction, didn't suggest that the petitioners were chasing the deceased or were accompanying him. Such evidence cannot be treated as evidence of final found.

fourteen. While in the light on the position explained higher than, it truly is concluded that a civil servant includes a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Given the legal analysis on the topic issue, we're from the view that the claim from the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle isn't legally sound, In addition to promotion and seniority, not absolute rights, They are really matter to rules and regulations When the recruitment rules of the subject post allow the case from the petitioners for promotion can be regarded as, however, we are distinct within 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 Health, issue to availability of vacancy topic on the approval of the competent authority.

record on the department there is no record accessible whatsoever regarding promotion of the petitioner(Promotion)

Reasonable grounds are offered to the record to attach the petitioner with the commission of your alleged offence. However punishment in the alleged offence does not tumble from the prohibitory clause of Section 497, Cr.P.C. but discovered Deputy Prosecutor General apprises that another case of similar nature arising out of FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is during the credit with the petitioner as accused, therefore, case in the petitioner falls during the exception where bail cannot be granted even while in website the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, assistance is sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion with the same is hereby reproduced:

seventy three . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Relating the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition may be dismissed. This is because service on the grievance notice is a mandatory necessity along with a precondition for filing a grievance petition. The legislation necessitates that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. In the event the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In case the organization is transprovincial.

There are numerous cases where death was never supposed – even more where All those nominated inside the FIR were not present when the injury or death occurred. The death of a human being is usually a tragic event. But the death of any dwelling being is not any significantly less a tragic event.

This ruling has conditions, and since the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. nine. In view of the above mentioned facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more

Therefore, this petition is found to become not maintainable and is also dismissed along with the pending application(s), as well as the petitioners may perhaps request remedies through the civil court process as discussed supra. Read more

Finally, a significant contribution of this case which was accepted for consideration by the Court under Article 184 (3), has become setting a precedent which allows for much less difficult access to your public to solution the superior courts plus the subordinate courts on environment related issues.

, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same type of case.

Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release to be a legally regarded conviction. Read more

P.C. for grant of post arrest bail should also be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are completely different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held with the august Supreme Court of Pakistan as under:--