Not known Facts About tort and contract law cases

5.  Acquired Deputy Prosecutor General as well as counsel for your complainant further argued that during the investigation on the case the petitioner Mst. Mubeena Bibi led into the recovery of sleeping tablets on 14.02.2018. The report of Punjab Forensic Science Agency, Lahore has long been developed before the Court wherein the sleeping capsules were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected during the liver but not inside the tummy. Consequently, the recovery of explained sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Acquired Deputy Prosecutor General along with counsel with the complainant have also argued that during the investigation from the case the petitioner Bhoora led to the recovery of a motorcycle.

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your legislation laid down via the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of the parent department of the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and shell out the pension amount and other ancillary benefits for the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority of the respondent is usually directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a very method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding achieved with the disciplinary authority is based on no evidence. In case the summary or finding is including no reasonable person would have ever arrived at, the Court may interfere with the conclusion or the finding and mold the relief to make it acceptable on the facts of each case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we are fortified by the decision in the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

Deterrence: The worry of severe implications, like capital punishment, is meant to deter opportunity criminals from committing murder. This deterrent effect is crucial in reducing the event of intentional killings.

The court system is then tasked with interpreting the regulation when it's unclear how it relates to any offered situation, typically rendering judgments based over the intent of lawmakers as well as the circumstances of your case at hand. These decisions become a guide for potential similar cases.

Section 302 from the PPC deals with one of the most major offenses in criminal legislation: murder. In this website post, we will delve into the provisions of Section 302, discover the punishment it involves, and evaluate some notable case laws related to this particular section.

148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the topic issue, we are of the view that the claim in the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is just not legally sound, Aside from promotion and seniority, not absolute rights, They may be issue to rules and regulations if the recruitment rules of the topic post allow the case on the petitioners for promotion could possibly be deemed, however, we have been obvious in our point of view that contractual service cannot be thought of for seniority and promotion since the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health and fitness, issue to availability of vacancy subject matter to your approval in the competent authority. Read more

Any court may well look for to distinguish the present case from that of the binding precedent, to achieve here a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to the higher court.

Accessing free case law sites in Pakistan is essential for legal professionals, students, and any person seeking to understand Pakistani legal precedents.

2. I have read the discovered counsel for the parties as well as acquired DPG at length, perused the record and noticed that:-

If your employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not had a chance to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only performed In case the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence and the petitioner company responded for the allegations as such they were perfectly aware of the allegations and led the evidence therefore this point is ofno use being appeared into in constitutional jurisdiction at this stage. Read more

three. Rule of Regulation: The court reiterated the importance of upholding the rule of regulation and making certain that all institutions function within their constitutional mandates.

Additionally, it addresses the limitation period under Article ninety one and 120 with the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more

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