5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
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5. Learned Deputy Prosecutor General along with counsel for that complainant further argued that during the investigation of your case the petitioner Mst. Mubeena Bibi led into the recovery of sleeping pills on 14.02.2018. The report of Punjab Forensic Science Agency, Lahore is made before the Court wherein the sleeping tablets were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected while in the liver although not in the stomach. For this reason, the recovery of reported sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Learned Deputy Prosecutor General and also counsel for the complainant have also argued that during the investigation with the case the petitioner Bhoora led to the recovery of a motorcycle.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon from the prosecution against the petitioner and his above mentioned co-accused namely Hussain Bakhsh has already been opined because of the Lahore High Court, Lahore in its order dated 2-twelve-2010 passed in Criminal Miscellaneous No.
four. It has been noticed by this Court that there can be a delay of one day within the registration of FIR which has not been explained because of the complainant. Moreover, there is not any eye-witness of the alleged event along with the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners has actually been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram happened to get the real brothers of your deceased but they didn't respond whatsoever for the confessional statements on the petitioners and calmly noticed them leaving, a person after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation concerning why her arrest wasn't effected after making from the alleged extra judicial confession. It's been held on a lot of occasions that extra judicial confession of the accused can be a weak sort of evidence which may be manoeuvred through the prosecution in almost any case where direct connecting evidence does not occur their way. The prosecution is additionally depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word regarding existence of some light in the place, where they allegedly noticed the petitioners together with a motorcycle at four.
Usually, the burden rests with litigants to appeal rulings (which includes Those people in clear violation of recognized case regulation) into the higher courts. If a judge acts against precedent, plus the case is not appealed, the decision will stand.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is predicted that the persons possessing their character higher than board, free from any moral stigma, are for being inducted. Verification of character and antecedents is a condition precedent for appointment to a 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 some Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to try and do away with the candidature with the petitioner. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, It is usually a nicely-set up proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to arrive at its independent findings about the evidence.
Let’s give attention to what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.
The court cannot listen to the transfer order challenge because it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders holding in view that among the list of respondents has retired from service as pointed out through the counsel for the respondent university. twelve. The petition and applications pending therein stand dismissed with no order as to costs. Read more
This system, for use by members of your Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.
The regulation of necessity recognized and upheld by Pakistan's highest judicial body has proved an check here honorable protection for military adventure in civil government.it had been the illegal action called legislation of necessity..
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and stability. It demonstrates the commitment in the state to protect its citizens and copyright the rule of law.
10. Without touching the merits of the case of your issue of once-a-year increases in the pensionary emoluments in the petitioner, in terms of policy decision from the provincial government, these once-a-year increase, if permissible within the case of employees of KMC, calls for further assessment for being made from the court of plenary jurisdiction. KMC's reluctance due to funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
In order to preserve a uniform enforcement from the laws, the legal system adheres into the doctrine of stare decisis
P.C. for grant of post arrest bail should even 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 by the august Supreme Court of Pakistan as under:--