Article 199 from the Constitution allows High Court intervention only when "no other enough remedy is provided by law." It truly is effectively-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The mentioned case laws offer insights into how the courts interpret and apply Section 302, emphasizing the importance of a fair and just legal system. It really is important for society to understand the gravity of this offense plus the need for stringent punishment to prevent probable offenders and be certain justice for the victims and their families.
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R.O, Office, Gujranwala plus the police officials did not inform him that the identification parade from the accused hasn't been conducted nevertheless. In the moment case, now the accused made an effort to choose advantage of the program aired by SAMAA News, wherein the image from the petitioner was commonly circulated. The police should not have exposed the identity in the accused through electronic media. The law lends assurance for the accused that the identity should not be subjected to the witnesses, particularly for that witness to establish the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and made photographs. Moreover, the images shown to the media expose that a mask wasn't placed over the accused to hide his identity right up until he was set up for an identification parade. Making photos of your accused publically, either by showing the same for the witness or by publicizing the same in almost any newspaper or system, would create doubt inside the proceedings on the identification parade. The Investigating Officer has to make certain that there is not any chance with the witness to begin to see the accused before going into the identification parade. The accused should not be shown to your witness in person or through any other manner, i.e., photograph, video-graph, or maybe the press or electronic media. Given the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), 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 on the main case, It is usually a nicely-established 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject towards the procedure provided under the relevant rules rather than otherwise, to 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 around the evidence.
Where there are several members of a court deciding a case, there may be just one or more judgments offered (or reported). Only the reason for the decision on the majority can represent a binding precedent, but all could possibly be cited as persuasive, or their reasoning could be adopted within an argument.
The appellant should have remained vigilant and raised his challenge to the Judgment within time. Read more
Section 302 in the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be issue into the most severe form of punishment permissible under Pakistani legislation.
If granted absolute immunity, the parties would not only be protected from liability while in the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making this kind of ruling, the defendants took their request on the appellate court.
Apart from the rules of procedure for precedent, the load supplied to any reported judgment may well depend upon the reputation of click here both the reporter plus the judges.[seven]
She did note that the boy still needed extensive therapy in order to manage with his abusive past, and “to get to the point of being Harmless with other children.” The boy was getting counseling with a DCFS therapist. Again, the court approved from the actions.
Because of this, basically citing the case is more very likely to annoy a judge than help the party’s case. Imagine it as calling a person to tell them you’ve found their misplaced phone, then telling them you live in these-and-these kinds of neighborhood, without actually giving them an address. Driving across the neighborhood wanting to find their phone is likely to generally be more frustrating than it’s truly worth.
Additionally it is important to note that granting of seniority to your civil servant without the actual size of service pretty much violates the whole service framework to be a civil servant inducted in Grade seventeen by claiming these types of benefit without any experience be directly posted in any higher grade, which is neither the intention on the legislation nor of your equity. Read more