Not known Facts About tort and contract law cases
Not known Facts About tort and contract law cases
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Delay in recording confessional statement will not be treated fatal towards the case of prosecution(Murder Trial)
4. It has been noticed by this Court that there is a delay of someday while in the registration of FIR which has not been explained from the complainant. Moreover, there isn't any eye-witness of the alleged event and the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners continues to be tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram transpired being the real brothers from the deceased but they didn't respond whatsoever towards the confessional statements of your petitioners and calmly saw them leaving, just one 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 seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making in the alleged extra judicial confession. It's been held on countless events that extra judicial confession of an accused is a weak style of evidence which could be manoeuvred because of the prosecution in any case where direct connecting evidence does not arrive their way. The prosecution is also counting 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 at the place, where they allegedly saw the petitioners jointly over a motorcycle at four.
This unfortunate ambiguity results from the regulation regarding murder and manslaughter to be repugnant with Each and every other.
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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. 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 towards the main case, It is usually a very well-set up proposition of legislation 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 within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the company law cases uk charge, however, that is topic towards the procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings within the evidence.
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 subject issue, we are of the view that the claim in the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle just isn't legally audio, Apart from promotion and seniority, not absolute rights, They are really matter to rules and regulations Should the recruitment rules of the subject post allow the case of the petitioners for promotion can be regarded, however, we are very clear within our point of view that contractual service cannot be viewed as for seniority and promotion since the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health and fitness, topic to availability of vacancy subject to the approval from the competent authority. Read more
Any court could search for to distinguish the present case from that of the binding precedent, to reach a different summary. The validity of such a distinction might or might not be accepted on appeal of that judgment into a higher court.
Case regulation, also used interchangeably with common legislation, is usually a law that is based on precedents, that is definitely the judicial decisions from previous cases, fairly than regulation based on constitutions, statutes, or regulations. Case legislation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
acquitted the appellants from every one of the charges therefore the same is dismissed being infructuous. (Criminal Revision )
The appellate court determined that the trial court had not erred in its decision to allow more time for information to become gathered by the parties – specifically regarding the issue of absolute immunity.
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؟
share or interest of the co-owner in immovable property might also sold to another co-owner/co-sharer or simply to an stranger and section 44(Transfer of Property Act 1882)
dismissed as not pressed and sentences awarded on the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )