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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 with the legislation laid down through the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of the parent department in the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and fork out the pension amount and other ancillary benefits to the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority with the respondent is likewise directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
four. It has been noticed by this Court that there is actually a delay of in the future during the registration of FIR which has not been explained through the complainant. Moreover, there isn't any eye-witness of your alleged occurrence and also the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession on the 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 happened being the real brothers of your deceased but they didn't react in any respect to your confessional statements with the petitioners and calmly saw them leaving, one particular 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 regarding why her arrest wasn't effected after making of the alleged extra judicial confession. It has been held on so many occasions that extra judicial confession of an accused is really a weak kind of evidence which might be manoeuvred with the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is also relying 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 as to existence of some light within the place, where they allegedly saw the petitioners jointly with a motorcycle at 4.
Deterrence: The concern of severe implications, which includes capital punishment, is meant to discourage likely criminals from committing murder. This deterrent effect is important in reducing the prevalence of intentional killings.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the subject issue, we have been of the view that the claim in the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle will not be legally sound, Aside from promotion and seniority, not absolute rights, They are really subject to rules and regulations In case the recruitment rules of the topic post permit the case in the petitioners for promotion might be viewed as, however, we are very clear within our point of view that contractual service cannot be regarded as for seniority and promotion as being the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, matter to availability of vacancy subject matter for the approval with the competent authority.
Article 27 from the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment as well. The disparity in the spend scale allowances of Stenographers while in the District Judiciary is from the very clear negation with the regulation laid down by the Supreme Court in its different pronouncements. Read more
be proven without an iota of doubt in all other jurisdictions) will be inferred. This is a horrifying reality, an extremely very low threshold for an offence that carries capital punishment.
In almost any society, the enforcement of law and order is essential to maintain peace and protect its citizens. Among the list of most critical crimes that can disrupt this harmony is murder. In Pakistan, Section 302 from the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is crucial to be sure justice prevails.
Accessing free case regulation sites click here in Pakistan is essential for legal professionals, students, and any person seeking to understand Pakistani legal precedents.
In simple terms, the section states that any person who commits intentional murder shall be subjected for the death penalty or life imprisonment, along with a possible fine.
Consequently, it absolutely was held that the right to your healthy environment was part in the fundamental right to life and right to dignity, under Article nine and 14 of your Pakistan Constitution, respectively. The Court ruled that the word “life” covers all aspects of human existence, all these types of amenities and amenities that a person is entitled to get pleasure from with dignity, legally and constitutionally.
ten. Without touching the merits on the case in the issue of annual increases while in the pensionary emoluments of your petitioner, in terms of policy decision with the provincial government, this kind of yearly increase, if permissible from the case of employees of KMC, calls for further assessment being made with the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more
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Finding reliable free case legislation sites could be challenging. Numerous websites have to have subscriptions or offer limited information. This article helps you navigate the landscape of free case legislation resources in Pakistan, supplying you with a curated list of reliable and accessible platforms.