misrepresentation case law Can Be Fun For Anyone
misrepresentation case law Can Be Fun For Anyone
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III) Inside the version of the father of deceased namely Muhammad Iqbal (complainant of second Variation) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed on the petitioner and others was simple presence with aerial firing without any injury to deceased or PWs.
101 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject: Appeal At times it truly is easy for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to create an attempt to get rid of a case on advantage and more importantly when after recording of evidence it's got reached to your stage of final arguments, endeavors should be made for advantage disposal when it's got reached these stage. Read more
4. It has been noticed by this Court that there is usually a delay of sooner or later during the registration of FIR which has not been explained through the complainant. Moreover, there is not any eye-witness with the alleged occurrence plus the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners has long 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 occurred for being the real brothers in the deceased but they did not respond at all on the confessional statements on the petitioners and calmly observed them leaving, a single 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 as to why her arrest wasn't effected after making from the alleged extra judicial confession. It has been held on countless situations that extra judicial confession of an accused can be a weak variety of evidence which may be manoeuvred by the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is likewise counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word concerning presence of some light in the place, where they allegedly saw the petitioners together on a motorcycle at four.
Ordinarily, the burden rests with litigants to appeal rulings (which include These in obvious violation of proven case law) to the higher courts. If a judge acts against precedent, as well as case is not really appealed, the decision will stand.
The court system is then tasked with interpreting the regulation when it is unclear the way it relates to any specified situation, frequently rendering judgments based within the intent of lawmakers and the circumstances of your case at hand. These types of decisions become a guide for future similar cases.
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 to your main case, It is usually a well-established proposition of law 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 achieve a finding of fact or conclusion. 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 receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject matter to your procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings within the evidence.
Enable’s focus on what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.
The appellant should have remained vigilant and raised his challenge on the Judgment within time. Read more
department concerned shall present the complete set of ACRs on the concerned officer to DPC properly in advance cases for promotin(Promotion)
VI) The petitioner is behind the bars considering that arrest, investigation from the case is complete, he is no more needed for that purpose of investigation and at this stage to help keep him at the rear of the bars before conclusion of trial more info will serve no handy purpose.
Using keywords effectively is additionally important. Take into account using synonyms and variations of your keywords to make sure you seize all relevant results. Understanding the citation system used by Pakistani courts will also help you pinpoint specific cases.
Article 199 in the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It is actually properly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
A coalition of residents sent a letter of petition into the Supreme Court to challenge the Water and Power Improvement Authority’s (WAPDA) construction of the electricity grid station in their community, on designated “green belt” property. The Court heard the matter being a human rights case, as Article 184 (3) of the Pakistan Constitution gives authentic jurisdiction to the Supreme Court to choose up and determine any matter concerning the enforcement of fundamental rights of public importance.
one hundred fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance with the respondents that pensionary benefits may very well be withheld on account of your allegations leveled against the petitioner, inside our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does give for certain circumstances under which a civil servant's pension may be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a serious crime, their pension can be withheld or reduced. In certain cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions established by the government.