misrepresentation case law Can Be Fun For Anyone
misrepresentation case law Can Be Fun For Anyone
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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the legislation laid down through the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department with the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and pay back the pension amount and other ancillary benefits to your petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority in the respondent is likewise directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
4. It has been noticed by this Court that there is a delay of one day during the registration of FIR which hasn't been explained by the complainant. Moreover, there is not any eye-witness of your alleged event and also the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has long been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram transpired being the real brothers of your deceased but they did not respond in the least on the confessional statements from the petitioners and calmly saw them leaving, a single after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation as to why her arrest wasn't effected after making on the alleged extra judicial confession. It has been held on lots of events that extra judicial confession of an accused is actually a weak form of evidence which may very well be manoeuvred from the prosecution in any case where direct connecting evidence does not appear their way. The prosecution can be depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to presence of some light on the place, where they allegedly noticed the petitioners together with a motorcycle at 4.
Statutory laws are those created by legislative bodies, for example Congress at both the federal and state levels. Even though this sort of legislation strives to shape our society, supplying rules and guidelines, it would be unattainable for just about any legislative body to anticipate all situations and legal issues.
It is currently well-settled that considerations for pre-arrest and post-arrest bail are absolutely different, therefore, within our view the acquired Judge experienced fallen in error to cancel the bail allowed to petitioner with the same Additional Sessions Judge.”
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a very method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding arrived at from the disciplinary authority is based on no evidence. In case the summary or finding is like no reasonable person would have ever attained, the Court may well interfere with the summary or maybe the finding and mildew the relief to make it acceptable for the facts of each and every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or the nature of punishment. Over the aforesaid proposition, we're fortified via the decision of the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
In this case, the Supreme Court of Pakistan upheld the death penalty for the accused who intentionally murdered the sufferer.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 in the Pakistan Penal Code 1860 website defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm into a person causes death of these types of person, either by mistake of act or by mistake of fact is claimed to commit qatl-i-khata.”
thirteen. The Supreme Court has held that when the act of misconduct is set up as well as employee is found guilty after thanks process of law, it's the prerogative on the employer to decide the quantum of punishment, out of the varied penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness with the act of misconduct will not be satisfactory but the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful fashion. Read more
I) The above mentioned referred case FIR, with the murder of deceased namely Muhammad Sajjad, was registered about the complaint of Muhammad Sharif son of Ghulam Farid that is father from the petitioner and as per Tale of FIR, the petitioner is undoubtedly an eyewkness of the prevalence.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses like self-defense, insanity, or accidental killing, which might bring about reduced charges or acquittal.
three. Rule of Regulation: The court reiterated the importance of upholding the rule of regulation and making sure that all institutions function within their constitutional mandates.
Section 489-File of the Pakistan Penal Code pertains to offenses involving copyright currency notes and cash. Its primary objective is always to control counterfeiting activities and maintain the sanctity in the national currency.
The decision further directed the government of Pakistan to establish a commission of internationally known and regarded researchers to review and rule on future grid station projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power strains.