Examine This Report on case law on section 395 ppc convictions

77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.

The mentioned case laws offer insights into how the courts interpret and utilize Section 302, emphasizing the importance of the fair and just legal system. It really is vital for society to understand the gravity of this offense and also the need for stringent punishment to deter probable offenders and be certain justice with the victims and their families.

limitation of liability into the extent of a cap provided via the registered mortgage deed(Banking Legislation)

In the dynamic realm of legal statutes, amendments play a crucial role in adapting to evolving circumstances and strengthening the legal framework. 1 this sort of notable amendment that has garnered attention could be the latest revision of Section 489-File in the Pakistan Penal Code (PPC).

record from the department there is not any record available whatsoever regarding promotion in the petitioner(Promotion)

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 for the main case, It is additionally a well-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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject matter for the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings over the evidence.

Where there are several members of the court deciding a case, there could possibly be a single or more judgments supplied (or reported). Only the reason to the decision of the majority can represent a binding precedent, but all might be cited as persuasive, or their reasoning could possibly be adopted in an argument.

Some pluralist systems, such as Scots legislation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, will not precisely in shape into the dual common-civil law system classifications. These types of systems may possibly have been heavily influenced because of the Anglo-American common law tradition; however, their substantive legislation is firmly rooted within the civil regulation tradition.

The regulation as established in previous court rulings; like common legislation, which springs from judicial decisions and tradition.

If granted absolute immunity, the parties would not only be protected from liability while in the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making this type of ruling, the defendants took their request into the appellate court.

The DCFS social worker in charge in the boy’s case experienced the boy made a ward of DCFS, and in her 6-month report on the court, the worker elaborated section 279 ipc case laws over the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.

10. Without touching the merits from the case with the issue of annual increases from the pensionary emoluments on the petitioner, in terms of policy decision on the provincial government, these kinds of once-a-year increase, if permissible inside the case of employees of KMC, necessitates further assessment to be made by the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and deficiency of 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

If your employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't experienced a possibility to reply to the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only accomplished If your employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence and the petitioner company responded into the allegations as a result they were properly conscious of the allegations and led the evidence as a result this point is ofno use being seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp

P.C. for grant of post arrest bail should even 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 regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held with the august Supreme Court of Pakistan as under:--