A Review Of case laws on bail
A Review Of case laws on bail
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The Cornell Legislation School website offers many different information on legal topics, including citation of case law, and perhaps provides a video tutorial on case citation.
one hundred and one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it really is easy to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation for making an attempt to dispose of a case on benefit and more importantly when after recording of evidence it's got attained into a stage of final arguments, endeavors should be made for merit disposal when it has attained these stage. Read more
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The convictions and sentences Upheld, as misappropriation was committed from the bank and considering the fact that only the appellants were posted within the relevant time .(Criminal Appeal )
R.O, Office, Gujranwala as well as police officials didn't inform him that the identification parade of the accused has not been conducted but. In the instant case, now the accused attempted to take advantage of This system aired by SAMAA News, wherein the image from the petitioner was commonly circulated. The police should not have exposed the identity of the accused through electronic media. The law lends assurance into the accused that the identity should not be exposed to the witnesses, particularly for that witness to detect the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and manufactured pics. Other than, the images shown within the media reveal that a mask wasn't placed over the accused to hide his identity right until he was set up for an identification parade. Making pictures on the accused publically, both by showing the same towards the witness or by publicizing the same in almost any newspaper or program, would create doubt while in the proceedings on the identification parade. The Investigating Officer has to make certain that there is not any opportunity with the witness to begin to see the accused before going on the identification parade. The accused should not be shown to the witness in person or through any other manner, i.e., photograph, video-graph, or perhaps the press or electronic media. Offered the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved through the disciplinary authority is based on no evidence. In case the conclusion or finding is for example no reasonable person would have ever achieved, the Court could interfere with the conclusion or the finding and mould the relief to really make it ideal towards the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. Over the aforesaid proposition, we're fortified through the decision from the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is properly-settled that though thinking of the case of regular promotion of civil servants, the competent authority should consider the benefit of many of the eligible candidates and after owing deliberations, to grant promotion to this kind of qualified candidates who are found to get most meritorious among them. Since the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was disregarded by the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy over the part on the respondent department.
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to adhere to.
department concerned shall present the click here complete list of ACRs of the concerned officer to DPC nicely in advance cases for promotin(Promotion)
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Offered the legal analysis on the topic issue, we are on the view that the claim in the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle just isn't legally seem, In addition to promotion and seniority, not absolute rights, These are subject to rules and regulations In the event the recruitment rules of the subject post permit the case with the petitioners for promotion may very well be viewed as, however, we are apparent within our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, topic to availability of vacancy matter to your approval of the competent authority.
[three] For example, in England, the High Court plus the Court of Appeals are Each individual bound by their individual previous decisions, however, For the reason that Practice Statement 1966 the Supreme Court from the United Kingdom can deviate from its earlier decisions, While in practice it almost never does. A notable example of when the court has overturned its precedent is the case of R v Jogee, where the Supreme Court from the United Kingdom ruled that it plus the other courts of England and Wales had misapplied the regulation for nearly thirty years.
In order to preserve a uniform enforcement on the laws, the legal system adheres on the doctrine of stare decisis
P.C. for grant of post arrest bail should also be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are absolutely different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held with the august Supreme Court of Pakistan as under:--