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۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔
limitation of liability to the extent of the cap provided because of the registered mortgage deed(Banking Regulation)
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The court system is then tasked with interpreting the regulation when it's unclear how it relates to any provided situation, generally rendering judgments based on the intent of lawmakers and also the circumstances in the case at hand. These kinds of decisions become a guide for long run similar cases.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved through the disciplinary authority is based on no evidence. When the conclusion or finding is for example no reasonable person would have ever arrived at, the Court could interfere with the conclusion or even the finding and mold the relief to make it suitable to your facts of each case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or perhaps the nature of punishment. To the aforesaid proposition, we've been fortified with the decision in the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the subject issue, we've been with the view that the claim with the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle just isn't legally sound, besides promotion and seniority, not absolute rights, These are matter to rules and regulations Should the recruitment rules of the subject post permit the case of your petitioners for promotion could be viewed as, however, we've been distinct inside our point of view that contractual service cannot be regarded for seniority and promotion as being the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Exercise, topic to availability of vacancy subject matter to your approval from the competent authority. Read more
In any society, the enforcement of regulation and order is essential to maintain peace and protect its citizens. On the list of most critical crimes that can disrupt this harmony is murder. In Pakistan, Section 302 of your Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is very important to make certain justice prevails.
In federal or multi-jurisdictional regulation systems there may possibly exist conflicts between the various decreased appellate courts. Sometimes these differences will not be resolved, and it could be necessary to distinguish how the legislation is applied in one district, province, division or appellate department.
VI) The petitioner is powering the bars due to the fact arrest, investigation with the case is complete, he is no more demanded to the purpose of investigation and at this stage to keep him at the rear of the bars before conclusion of trial will provide no beneficial purpose.
In certain jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family law.
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fourteen. From the light on the position explained earlier mentioned, it can be concluded that a civil servant contains a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded more info for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Read more