five.  Acquired Deputy Prosecutor General and counsel for the complainant further argued that during the investigation of your case the petitioner Mst. Mubeena Bibi led on the recovery of sleeping capsules on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore has been produced before the Court wherein the sleeping pills were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected while in the liver although not within the stomach. Consequently, the recovery of mentioned sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Uncovered Deputy Prosecutor General and counsel to the complainant have also argued that during the investigation of your case the petitioner Bhoora led for the recovery of a motorcycle.

93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, it is also a well-set up 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 the technical rules nor proof of a fact or evidence within the Stricto-Sensu, use 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 of your charge, however, that is topic towards the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to reach at its independent findings over the evidence.

This Court may interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding attained because of the disciplinary authority is based on no evidence. If your conclusion or finding is which include no reasonable person would have ever reached, the Court may well interfere with the summary or even the finding and mildew the relief to really make it acceptable for the facts of each and every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or the nature of punishment. Over the aforesaid proposition, we're fortified through the decision of the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟

The explained recovery may be used, with the most, for corroboration on the main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The mentioned memo of pointation is irrelevant and inadmissible as almost nothing was discovered on account of these kinds of pointation. The place of event together with the place of throwing the dead body were already while in the knowledge of witnesses just before their pointation with the petitioners. Reliance is additionally placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held via the august Supreme Court of Pakistan as under:

4.       It goes without expressing that observations made hereinabove are merely tentative in nature and strictly confined to your disposal of quick bail petition.

 Petitioner possessing been declared an absconder in this case for over a single along with a half year generates the apprehension that the petitioner may avoid standing trial and hence delay the prosecution of your case. The material on record makes the case with the petitioner falls under two exceptions on the rule of grant of bail as mentioned over.

Any court might seek out to distinguish the present case from that of a binding precedent, to reach a different conclusion. The validity of this type of distinction might or might not be accepted on appeal of that judgment into a higher court.

Pakistani legal citations typically include the year, court, and case number. Familiarizing yourself with this format will help you promptly Find the cases you need. Many free case legislation websites allow you to definitely search directly using citations.

If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent plus the case under appeal, perhaps overruling the previous case law by setting a fresh precedent of higher authority. This may occur several times because the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his advancement in the concept of estoppel starting from the High Trees case.

Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses such as self-defense, insanity, or accidental killing, which may possibly result in reduced charges or acquittal.

She did note that the boy still needed more info considerable therapy in order to manage with his abusive past, and “to reach the point of being Secure with other children.” The boy was receiving counseling with a DCFS therapist. Again, the court approved on the actions.

share or interest of a co-owner in immovable property might also sold to another co-owner/co-sharer or perhaps to an stranger and section forty four(Transfer of Property Act 1882)

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 experienced in his home, and also to prevent him from abusing other children within the home. The boy was placed in an crisis foster home, and was later shifted around within the foster care system.