III) From the Variation of your father of deceased namely Muhammad Iqbal (complainant of second Edition) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed for the petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.
Delay in recording confessional statement may not be treated fatal into the case of prosecution(Murder Trial)
four. It has been noticed by this Court that there is usually a delay of at some point within the registration of FIR which hasn't been explained because of the complainant. Moreover, there is not any eye-witness of the alleged event as well as prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners is tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram took place being the real brothers from the deceased but they did not react at all for the confessional statements on the petitioners and calmly noticed them leaving, one particular 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation as to why her arrest wasn't effected after making of your alleged extra judicial confession. It has been held on lots of occasions that extra judicial confession of an accused is really a weak sort of evidence which may very well be manoeuvred by the prosecution in almost any case where direct connecting evidence does not come 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 didn't say a word as to existence of some light in the place, where they allegedly saw the petitioners alongside one another on the motorcycle at 4.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Offered the legal analysis on the topic issue, we are with the view that the claim with the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not legally seem, Moreover promotion and seniority, not absolute rights, they are issue to rules and regulations If your recruitment rules of the topic post allow the case on the petitioners for promotion might be viewed as, however, we're very clear within our point of view that contractual service cannot be thought of for seniority and promotion as the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Physical fitness, subject to availability of vacancy matter to the approval with the competent authority.
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is predicted that the persons getting their character higher than board, free from any moral stigma, are for being inducted. Verification of character and antecedents is actually a condition precedent for appointment website to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed into a Government service will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to do absent with the candidature of the petitioner. Read more
eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 in the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed a notice and comment restriction on government agencies in regards to projects that could likely pose a public risk. This case can be noteworthy, “because it laid down the foundations of all long term public interest litigation introduced before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found from the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is actually a right to life itself.
The issue here is that an accused may perhaps say that they meant to injure the sufferer, but they didn't plan to kill them. In other words, they may claim that thedeath that resulted because of the accused’s attack was neither foreseeable nor supposed.
On June 16, 1999, a lawsuit was filed on behalf with the boy by a guardian advert litem, against DCFS, the social worker, and also the therapist. A similar lawsuit was also filed on behalf of the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court to get a dismissal based on absolute immunity, since they were all acting in their Positions with DCFS.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a nearby electricity grid station resulting from probable health risks and dangers.
When the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not had a chance to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only accomplished In case the employee can show that they'd a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence and the petitioner company responded for the allegations as such they were properly aware of the allegations and led the evidence as a result this point is ofno use for being seemed into in constitutional jurisdiction at this stage. Read more
Article 199 in the Constitution allows High Court intervention only when "no other enough remedy is provided by law." It is perfectly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and spend fixation are certainly not entertainable for the reasons that these kinds of matters are typically handled by administrative or service tribunals, and the legal grounds for this petition are insufficient as such this petition is dismissed, which consists of disputed claims and counterclaims on the topic post, therefore this court just isn't inside a position to dilate upon this kind of disputes in constitutional jurisdiction. Read more
The Roes accompanied the boy to his therapy sessions. When they were told of your boy’s past, they asked if their children were Harmless with him in their home. The therapist assured them that that they had practically nothing to worry about.