5.  Learned Deputy Prosecutor General together with counsel for that complainant further argued that during the investigation of the case the petitioner Mst. Mubeena Bibi led into the recovery of sleeping capsules on 14.02.2018. The report of Punjab Forensic Science Agency, Lahore continues to be manufactured before the Court wherein the sleeping capsules were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected within the liver although not in the abdomen. Hence, the recovery of stated sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Uncovered Deputy Prosecutor General and counsel for that complainant have also argued that during the investigation from the case the petitioner Bhoora led on the recovery of the motorcycle.

ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, it is also a perfectly-established proposition of law 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter to your procedure provided under the relevant rules instead of otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings on the evidence.

Therefore, this petition is found to generally be not maintainable and is dismissed along with the pending application(s), and also the petitioners could search for remedies through the civil court process as discussed supra. Read more

The former means “guilty act” as well as the latter means “guilty mind.” With the omission with the intention, the commission of your act by itself is not really enough to gain a conviction for that crime. This is really a fundamental principle that all law students are very well acquainted with.

R.O, Office, Gujranwala along with the police officials didn't inform him that the identification parade with the accused has not been conducted however. In the instant case, now the accused made an effort to consider advantage of the program aired by SAMAA News, wherein the picture on the petitioner was broadly circulated. The police should not have uncovered the identity of your accused through electronic media. The law lends assurance on the accused that the identity should not be subjected to the witnesses, particularly for your witness to determine the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and created pictures. In addition to, the images shown to the media reveal that a mask was not placed over the accused to cover his identity until eventually he was set up for an identification parade. Making images with the accused publically, both by showing the same for the witness or by publicizing the same in any newspaper or software, would create doubt during the proceedings of the identification parade. The Investigating Officer has to guarantee that there is not any chance for your witness to see the accused before going for the identification parade. The accused should not be shown into the witness in person or through any other manner, i.e., photograph, video-graph, or maybe the push or electronic media. Supplied the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, It's also a perfectly-set up proposition of legislation 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 achieve 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 during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject matter into the get more info procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings within the evidence.

The ruling of your first court created case law that must be followed by other courts until eventually or Except either new law is created, or maybe a higher court rules differently.

whether whilst granting promotion senior employees were thought of for promotion or otherwise and submit the compliance report.(Promotion)

Section 302 with the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be issue towards the most severe form of punishment permissible under Pakistani legislation.

When the petitioner is solely present within the place of incidence without causing any injury on the deceased or PWs then in these circumstances, whether He's vicariously liable shall be decided through the discovered trial Court after recording in the evidence.

Apart from the rules of procedure for precedent, the burden presented to any reported judgment may well rely upon the reputation of both the reporter as well as judges.[7]

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A reduce court might not rule against a binding precedent, even if it feels that it is unjust; it could only express the hope that a higher court or maybe the legislature will reform the rule in question. In the event the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the regulation evolve, it could possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow for any judge to recommend that an appeal be performed.

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