Examine This Report on case law on section 395 ppc convictions

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116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not implement, since the criminal Court has not convicted the petitioner, fairly he has been acquitted of your criminal charges based on evidence and it really is well-settled regulation that once the civil servant is acquitted in the criminal case, then on this pretty charge he cannot be awarded in almost any punishment from the department and held him disqualified with the post because acquittal for all long run purposes. The aforesaid proposition has long been set at naught because of the Supreme Court of Pakistan in the case from the District Police Officer Mainwali and 2 others v.

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The claimed recovery may very well be used, with the most, for corroboration in the main evidence, but by itself it cannot be considered a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The reported memo of pointation is irrelevant and inadmissible as nothing was discovered on account of such pointation. The place of occurrence plus the place of throwing the dead body were already from the knowledge of witnesses ahead of their pointation with the petitioners. Reliance is additionally placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held from the august Supreme Court of Pakistan as under:

Reasonable grounds can be found about the record to attach the petitioner with the commission with the alleged offence. Nevertheless punishment in the alleged offence does not drop while in the prohibitory clause of Section 497, Cr.P.C. nonetheless learned Deputy Prosecutor General apprises that another case of similar nature arising out of FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is inside the credit on the petitioner as accused, therefore, case on 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, advice continues to be 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:

                                                                  

Binding Precedent – A rule or principle set up by a court, which other courts are obligated to adhere to.

P.C. Liability of petitioners for the mentioned offences would be determined because of the acquired trial Court after sifting the evidentiary well worth of your material made before the same. Till then, case of

two. I have click here read the learned counsel with the parties along with uncovered DPG at duration, perused the record and observed that:-

In case the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't had an opportunity to answer the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only finished Should the employee can show that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence plus the petitioner company responded into the allegations as a result they were nicely mindful of the allegations and led the evidence therefore this point is ofno use for being appeared into in constitutional jurisdiction at this stage. Read more

this Court is still left with no option but to direct the respondents to inform the promotion in the petitioner in next rank .(Promotion)

Furthermore, it addresses the limitation period under Article 91 and a hundred and twenty from the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more

While the death penalty is irreversible, life imprisonment allows for your possibility of reconsideration or commutation of the sentence in certain circumstances.