The case laws on temporary resicence ordinance 2015 Diaries

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Delay in recording confessional statement will not be treated fatal to the case of prosecution(Murder Trial)

Capital Punishment: Section 302 PPC gives to the death penalty as being the primary form of punishment for intentional murder. The offender might be sentenced to death as retribution for taking the life of another human being unlawfully.

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:Supplied the legal analysis on the topic issue, we've been of the view that the claim of your petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not legally audio, In addition to promotion and seniority, not absolute rights, They're issue to rules and regulations In case the recruitment rules of the topic post allow the case in the petitioners for promotion might be thought of, however, we're very clear inside our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, subject matter to availability of vacancy subject for the approval of your competent authority.

139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the topic issue, we have been of your view that the claim of your petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle will not be legally audio, besides promotion and seniority, not absolute rights, They are really subject matter to rules and regulations In case the recruitment rules of the topic post allow the case from the petitioners for promotion may be regarded as, however, we are clear in our point of view that contractual service cannot be considered for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Physical fitness, issue to availability of vacancy subject to your approval of your competent authority.

Reasonable grounds are offered around the record to attach the petitioner with the commission from the alleged offence. While punishment on the alleged offence does not fall inside the prohibitory clause of Section 497, Cr.P.C. yet realized Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is from the credit of the petitioner as accused, therefore, case in the petitioner falls during the exception where bail cannot be granted even within the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, direction has been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion on the same is hereby reproduced:

 Petitioner getting been declared an absconder in this case for over a single and also a 50 percent year generates the apprehension that the petitioner may well avoid standing trial and that's why delay the prosecution with the case. The material on record makes the case in the petitioner falls under two exceptions towards the rule of grant of bail as mentioned over.

six.  Mere involvement within a heinous offence is not any ground for refusing bail to an accused who otherwise becomes entitled for that concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, because then he is driving the bars, he is previous non-convict, never involved in any case, investigation qua him is complete, his person is not any more demanded for further investigation, therefore, his steady incarceration would not provide any useful purpose at this stage.

Typically, only an appeal accepted through the court of final resort will resolve this kind of differences and, for many reasons, such appeals are often not granted.

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when The fundamental norm underlying a Constitution disappears in addition to a new system is set in its place.

The appellate court determined that the trial court had not erred in its decision to allow more time for information being gathered because of the parties – specifically regarding the issue of absolute immunity.

In order to prove murder, there needs to be an intention to cause the death of that person along with the action of actually injuring them – and that injury subsequently leading to and causing the death of that person.

This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a healthy environment. This decision is particularly significant as there aren't any specific provisions in the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it truly is important that read more the case established the application on the precautionary principle where there is often a menace to environmental rights, and emphasized the positive obligations on the State in protecting the right to your clean and healthy environment.

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