لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
Delay in recording confessional statement will not be treated fatal to your case of prosecution(Murder Trial)
V) During investigation, the Investigating Officer concluded that hearth-arm injury which was fatal to your deceased was caused by the petitioner but in support of opinion from the Investigating Officer no iota of evidence is out there around the file and mere ipsi dixit of police is just not binding about the Court.
Some bodies are given statutory powers to issue guidance with persuasive authority or similar statutory effect, such as the Highway Code.
R.O, Office, Gujranwala and the police officials did not inform him that the identification parade from the accused has not been conducted nevertheless. In the moment case, now the accused attempted to just take advantage of the program aired by SAMAA News, wherein the image of the petitioner was widely circulated. The police should not have uncovered the identity in the accused through electronic media. The legislation lends assurance to your accused that the identity should not be subjected to the witnesses, particularly for your witness to discover 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 generated shots. Aside from, the images shown within the media reveal that a mask wasn't placed over the accused to cover his identity until eventually he was set up for an identification parade. Making photographs of your accused publically, both by showing the same towards the witness or by publicizing the same in almost any newspaper or plan, would create doubt from the proceedings on the identification parade. The Investigating Officer has to be sure that there is not any opportunity for 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 method, i.e., photograph, video-graph, or perhaps the press or electronic media. Given the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
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 into the main case, It is usually a nicely-set up proposition of legislation 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 more info 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, utilize 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 with the charge, however, that is subject matter to the procedure provided under the relevant rules instead of otherwise, for 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 arrive at its independent findings about the evidence.
The Court thought of the case to get maintainable under Article 184 (3) since the Risk and encroachment alleged were including to violate the constitutional right to life when interpreted expansively.
On June 16, 1999, a lawsuit was filed on behalf from the boy by a guardian ad litem, against DCFS, the social worker, and also the therapist. A similar lawsuit was also filed on behalf from the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court for your dismissal based on absolute immunity, because they were all performing in their Work opportunities with DCFS.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent and also the case under appeal, Most likely overruling the previous case regulation by setting a brand new precedent of higher authority. This may possibly transpire several times as the case works its way through successive appeals. Lord Denning, first from the High Court of Justice, later with the Court of Appeal, provided a famous example of this evolutionary process in his advancement with the concept of estoppel starting in the High Trees case.
Finally, a significant contribution of this case which was accepted for consideration because of the Court under Article 184 (three), has been setting a precedent which allows for much simpler access to your public to method the superior courts as well as the subordinate courts on environment related issues.
3. Rule of Legislation: The court reiterated the importance of upholding the rule of legislation and making certain that all institutions function within their constitutional mandates.
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It may be used to guide the court, but will not be binding precedent.
This section specifically applies to civil servants that are rendered surplus mainly because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, will not be topic to the provisions of the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the employing organization. Therefore, the provisions of Section 11-A, such as the possibility of being posted to another department, would not apply to non-civil servants. Read more