seventy seven . 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 with the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
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Therefore, this petition is found to get not maintainable which is dismissed along with the pending application(s), along with the petitioners may perhaps look for remedies through the civil court process as discussed supra. Read more
The former means “guilty act” and also the latter means “guilty mind.” With the omission on the intention, the commission with the act on your own isn't plenty of to gain a conviction for that crime. This can be a simple principle that all legislation students are very well acquainted with.
Now it is effectively-settled that considerations for pre-arrest and post-arrest bail are fully different, therefore, inside our view the discovered Judge had fallen in error to cancel the bail allowed to petitioner through the same Additional Sessions Judge.”
Reasonable grounds can be obtained to the record to attach the petitioner with the commission in the alleged offence. Nevertheless punishment with the alleged offence does not tumble inside the prohibitory clause of Section 497, Cr.P.C. yet discovered Deputy Prosecutor General apprises that another case of similar nature arising outside of FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is within the credit in the petitioner as accused, therefore, case with the petitioner falls in the exception where bail cannot be granted even within the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, steerage has become sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion with the same is hereby reproduced:
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice with the loss of a life. It check here allows the legal system to impose a proportional punishment over the offender, making sure They are really held accountable for their actions.
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................
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When the petitioner is just present in the place of occurrence without causing any injury to the deceased or PWs then in such circumstances, whether He's vicariously liable shall be decided with the acquired trial Court after recording from the evidence.
The death penalty, also known as capital punishment, would be the most severe form of punishment for murder under Section 302. It involves the execution of your convicted person to be a consequence of their crime.
Whoever, with the intention of causing death OR with the intention of causing bodily injury to your person, by accomplishing an act which inside the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently perilous that it must in all likelihood cause death, causes the death on the these kinds of person, is claimed to commit qatl-i-amd/murder”
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115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits may be withheld on account in the allegations leveled against the petitioner, inside our view, section 20 in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does give for certain circumstances under which a civil servant's pension could be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may be withheld or reduced. In certain cases, a civil servant's pension may very well be withheld or reduced if he/she fails to comply with certain conditions set with the government.