5 Simple Techniques For case law on gift in cash

5 Simple Techniques For case law on gift in cash

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refers into a landmark case decided through the Supreme Court of Pakistan in 2012. Here’s a brief overview:

The main target is around the intention to cause injury. This is a major issue: a very small threshold for an offence carrying the death penalty.

116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not apply, as the criminal Court hasn't convicted the petitioner, relatively he has been acquitted with the criminal charges based on evidence and it is actually properly-settled legislation that once the civil servant is acquitted from the criminal case, then on this very charge he cannot be awarded in almost any punishment through the department and held him disqualified for the post because acquittal for all potential purposes. The aforesaid proposition continues to be established at naught with the Supreme Court of Pakistan within the case of your District Police Officer Mainwali and a couple of others v.

maintaining the conviction awarded to the appellant reduce the sentence from the appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)

The court system is then tasked with interpreting the regulation when it can be unclear how it applies to any specified situation, usually rendering judgments based about the intent of lawmakers plus the circumstances of your case at hand. This kind of decisions become a guide for potential similar cases.

کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟

96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's effectively-settled that although thinking of the case of normal promotion of civil servants, the competent authority should evaluate the advantage of many of the suitable candidates and after thanks deliberations, to grant promotion to these types of suitable candidates who will be found to generally be most meritorious amongst them. Because the petitioner was held to get senior to his colleagues who were promoted here in BS-19, the petitioner was overlooked with the respondent department just to increase favor to your blue-eyed candidate based on OPS, which is apathy about the part on the respondent department.

The appellant should have remained vigilant and raised his challenge into the Judgment within time. Read more

The legislation as established in previous court rulings; like common law, which springs from judicial decisions and tradition.

acquitted the appellants from all of the charges therefore the same is dismissed being infructuous. (Criminal Revision )

The death penalty, also known as capital punishment, will be the most severe form of punishment for murder under Section 302. It includes the execution in the convicted person like a consequence of their crime.

Article 199 of the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It can be nicely-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is perfectly set up now that the provision for proforma promotion is not alien or unfamiliar into the civil servant service construction but it is already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority might if satisfied that a civil servant who was entitled to get promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service into the Federation/ province from the higher post, direct that this sort of civil servant shall be paid the arrears of pay and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

This section specifically applies to civil servants who are rendered surplus a result of the reorganization or abolition of the division, department, or office. Non-civil servants, by definition, are usually not subject for the provisions on the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the using organization. Therefore, the provisions of Section 11-A, such as the possibility of being posted to another department, would not utilize to non-civil servants. Read more