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The mentioned case laws offer insights into how the courts interpret and utilize Section 302, emphasizing the importance of the fair and just legal system. It is essential for society to understand the gravity of this offense and also the need for stringent punishment to deter prospective offenders and make certain justice to the victims and their households.
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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:Given the legal analysis on the topic issue, we've been of the view that the claim in the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle is not really legally seem, Other than promotion and seniority, not absolute rights, they are topic to rules and regulations In the event the recruitment rules of the topic post allow the case with the petitioners for promotion may very well be regarded as, however, we've been clear in our point of view that contractual service cannot be deemed for seniority and promotion since the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Physical fitness, issue to availability of vacancy subject matter to your approval on the competent authority.
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 on the main case, It is additionally a perfectly-founded 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither check here the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject into the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings around the evidence.
only to the ground of miscases remanded & only over the ground of misreading of evidence only over the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
The issue Here's that an accused could say that they intended to injure the sufferer, but they did not plan to eliminate them. In other words, they might claim that thedeath that resulted due to accused’s attack was neither foreseeable nor intended.
9. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
I) The above referred case FIR, to the murder of deceased namely Muhammad Sajjad, was registered to the complaint of Muhammad Sharif son of Ghulam Farid that's father from the petitioner and According to story of FIR, the petitioner is an eyewkness with the incidence.
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this Court is left with no option but to direct the respondents to inform the promotion from the petitioner in next rank .(Promotion)
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