About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
Though the punishment may be severe, its purpose isn't solely to seek vengeance but to prevent opportunity offenders and copyright the principles of justice and social order.
These lists are sorted chronologically by Chief Justice and involve all notable cases decided with the court. Articles exist for almost all cases.
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؟
R.O, Office, Gujranwala and also the police officials didn't inform him that the identification parade of the accused has not been conducted nevertheless. In the moment case, now the accused tried to just take advantage of the program aired by SAMAA News, wherein the picture of the petitioner was commonly circulated. The police should not have exposed the identity of your accused through electronic media. The law lends assurance on the accused that the identity should not be exposed to the witnesses, particularly for your witness to recognize the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and produced pictures. Besides, the images shown over the media expose that a mask was not placed over the accused to hide his identity right until he was put up for an identification parade. Making images of the accused publically, possibly by showing the same for the witness or by publicizing the same in any newspaper or software, would create doubt in the proceedings with the identification parade. The Investigating Officer has to make certain that there is not any prospect for your witness to see the accused before going for the identification parade. The accused should not be shown to your witness in person or through any other mode, i.e., photograph, video-graph, or the press or electronic media. Given the reasons elaborated higher than, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
In this blog site post, we will delve into the details of Section 302 PPC, exploring its provisions and also the gravity of its punishment.
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is perfectly-settled that while thinking about the case of regular promotion of civil servants, the competent authority has to evaluate the merit of all of the eligible candidates and after due deliberations, to grant promotion to this kind of qualified candidates that are found being most meritorious among them. Considering that the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed through the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy to the part of the respondent department.
Upholding Justice: The application with the legislation and also the subsequent punishment in the guilty party offer a feeling of closure and justice towards the sufferer’s family and loved ones.
nine. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when the basic norm underlying a Constitution disappears in addition to a new system is set in its place.
In a few jurisdictions, case regulation may be applied to ongoing adjudication; for example, criminal proceedings or family law.
ten. Without touching the merits from the case on the issue of annual increases in the pensionary emoluments from the petitioner, in terms of policy decision from the provincial government, this sort of annual increase, if permissible in the case of employees of KMC, requires further assessment to become made by the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is nicely set up now that the provision for proforma promotion will not be alien or unfamiliar read more into the civil servant service framework however it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority could if happy that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service on the Federation/ province while in the higher post, direct that these kinds of civil servant shall be paid the arrears of pay out and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
fourteen. Inside the light in the position explained over, it really is concluded that a civil servant includes a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Read more