5 Simple Techniques For case law on gift in cash

III)     Within the Edition in the father of deceased namely Muhammad Iqbal (complainant of second Edition) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed on the petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.

93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It is additionally a effectively-founded 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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject into the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings within the evidence.

In this landmark case, the Supreme Court commuted the death sentence to life imprisonment to the grounds of extenuating circumstances. The court acknowledged that though the crime of murder was established, the offender had a history of mental illness, which played a significant role in committing the offense. This case established a precedent for considering mitigating factors during sentencing.

twelve. There is no denial from the fact that in Government service it is expected that the persons obtaining their character earlier mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents can be a condition precedent for appointment to a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to your Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to do away with the candidature from the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp

prolonged period petitioner wasn't deemed for promotion, meeting with the departmental promotion committee and look read more at the petitioner (Promotion)

Article 27 in the Constitution does not only safeguard against discrimination for the time of appointment of service but after the appointment too. The disparity while in the pay scale allowances of Stenographers inside the District Judiciary is during the clear negation with the regulation laid down because of the Supreme Court in its several pronouncements. Read more

Allow’s concentrate on what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.

In fact, this provision nullifies the difference between manslaughter and murder. Section 318 in the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to a person causes death of this sort of person, both by mistake of act or by mistake of fact is said to commit qatl-i-khata.”

The prosecution presented substantial evidence, such as eyewitness testimonies and expert forensic analysis, confirming the copyright nature from the seized currency.

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

The DCFS social worker in charge of your boy’s case had the boy made a ward of DCFS, and in her 6-thirty day period report into the court, the worker elaborated around 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.

Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Except case is tried using(Bail Matters)

If your employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not had an opportunity to answer the grievance and attempt to resolve it. In a few cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only done In the event the employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence and also the petitioner company responded to the allegations as such they were effectively 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-twenty five Approved for Reporting WhatsApp

P.C. for grant of post arrest bail should also be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are totally 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:--

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