Therefore, In the event the intent to cause injury is proven and it is further proven that from the ordinary course of nature, that injury would lead to death, that matter has become objective as well as the intention to eliminate (the main factor that must
Delay in recording confessional statement will not be treated fatal to your case of prosecution(Murder Trial)
4. Record shows that the petitioner continues to be booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. Regardless that the petitioner has obtained bail in People cases, it does, prima facie, set up that the petitioner is liable to repeating the offence.
This unfortunate ambiguity results inside the regulation regarding murder and manslaughter to get repugnant with each other.
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This Court may possibly interfere where the authority held the proceedings against the delinquent officer in the fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding reached because of the disciplinary authority is based on no evidence. Should the summary or finding is including no reasonable person would have ever achieved, the Court may possibly interfere with the conclusion or perhaps the finding and mould the relief to really make it appropriate into the facts of each case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. Around the aforesaid proposition, we're fortified with the decision on the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors common law cases V/S Govt. of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the topic issue, we're in the view that the claim of your petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle just isn't legally audio, besides promotion and seniority, not absolute rights, They may be matter to rules and regulations Should the recruitment rules of the topic post allow the case of the petitioners for promotion may very well be viewed as, however, we have been obvious within our point of view that contractual service cannot be deemed for seniority and promotion because the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Conditioning, issue to availability of vacancy subject matter to your approval with the competent authority. Read more
Any court may perhaps find to distinguish the present case from that of a binding precedent, to achieve a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to your higher court.
13. The Supreme Court has held that the moment the act of misconduct is established plus the employee is found guilty after because of process of regulation, it is the prerogative of your employer to decide the quantum of punishment, away from the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness of your act of misconduct will not be satisfactory but the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful manner. Read more
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In certain jurisdictions, case regulation is often applied to ongoing adjudication; for example, criminal proceedings or family law.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same variety of case.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is properly established now that the provision for proforma promotion is not alien or unfamiliar to the civil servant service composition but it's already embedded in Fundamental Rule 17, wherein it's lucidly enumerated that the appointing authority may if contented that a civil servant who was entitled being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service to your Federation/ province while in the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year old boy from his home to protect him from the Awful physical and sexual abuse he had suffered in his home, and also to prevent him from abusing other children in the home. The boy was placed within an unexpected emergency foster home, and was later shifted around within the foster care system.