consular immunity from arrest case laws for Dummies
consular immunity from arrest case laws for Dummies
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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
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's also a perfectly-founded 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 succeed in 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 from the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue to your procedure provided under the relevant rules and never otherwise, for 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 within the evidence.
four. It's been noticed by this Court that there is usually a delay of at some point while in the registration of FIR which hasn't been explained with the complainant. Moreover, there isn't any eye-witness in the alleged event along with the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners has actually been 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 happened being the real brothers from the deceased but they did not react whatsoever to the confessional statements with the petitioners and calmly noticed them leaving, a single 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 search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation regarding why her arrest wasn't effected after making from the alleged extra judicial confession. It's been held on lots of instances that extra judicial confession of the accused is usually a weak variety of evidence which may be manoeuvred from the prosecution in almost any case where direct connecting evidence does not occur 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 did not say a word regarding existence of some light at the place, where they allegedly observed the petitioners alongside one another on the motorcycle at 4.
Though there is not any prohibition against referring to case regulation from a state other than the state in which the case is being read, it holds minimal sway. Still, if there is no precedent from the home state, relevant case law from another state may be considered via the court.
94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is nicely-settled that the civil servants must first go after internal appeals within 90 times. In case the appeal is just not decided within that timeframe, he/she can then technique the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the 90 times to the department to act has already expired. On the aforesaid proposition, we're guided because of the decision in the Supreme Court within the case of Dr.
The presiding judge emphasised the need to address the evolving techniques employed by counterfeiters, noting that the amendment’s inclusion of technological facets allows for just a more thorough legal reaction.
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
Some pluralist systems, which include Scots law in Scotland and types of civil legislation jurisdictions in Quebec and Louisiana, tend not to specifically suit into the dual common-civil legislation system classifications. These types of systems may well have been heavily influenced from the Anglo-American common legislation tradition; however, their substantive regulation is firmly rooted in the civil law tradition.
P.C. Liability of petitioners for the said offences would be determined by the learned trial Court after sifting the evidentiary truly worth with the material made before the same. Till then, case of
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent plus the case under appeal, Possibly overruling the previous case legislation by setting a new precedent of higher authority. This may well materialize several times as the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later with the Court of Appeal, provided a famous example of this evolutionary process in his improvement of your concept of estoppel starting during the High Trees case.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information more info being gathered because of the parties – specifically regarding the issue of absolute immunity.
[three] For example, in England, the High Court as well as the Court of Appeals are Every single bound by their personal previous decisions, however, Because the Practice Statement 1966 the Supreme Court in the United Kingdom can deviate from its earlier decisions, While in practice it almost never does. A notable example of when the court has overturned its precedent may be the case of R v Jogee, where the Supreme Court from the United Kingdom ruled that it plus the other courts of England and Wales had misapplied the legislation for approximately 30 years.
13309-B of 2010 for being weak types of evidence as well as the evidentiary value whereof would be witnessed within the time from the trial. The investigation of this case has already been finalized and, thus, confirmed custody in the petitioner in jail is unlikely to serve any useful purpose at this stage.”
This section specifically applies to civil servants who're rendered surplus mainly because of the reorganization or abolition of the division, department, or office. Non-civil servants, by definition, aren't topic on the provisions of your Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the utilizing organization. Therefore, the provisions of Section eleven-A, such as the possibility of being posted to another department, would not utilize to non-civil servants. Read more