5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
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14. Within the light with the position explained over, it truly is concluded that a civil servant contains a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or within the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
4. It's been noticed by this Court that there is often a delay of at some point in the registration of FIR which hasn't been explained from the complainant. Moreover, there is no eye-witness in the alleged prevalence along with the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession in 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 took place to generally be the real brothers on the deceased but they didn't react in any respect to your confessional statements of your petitioners and calmly noticed them leaving, 1 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation regarding why her arrest wasn't effected after making from the alleged extra judicial confession. It's been held on lots of instances that extra judicial confession of an accused is usually a weak sort of evidence which can be manoeuvred through the prosecution in almost any case where direct connecting evidence does not come their way. The prosecution is additionally counting 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 regarding existence of some light within the place, where they allegedly observed the petitioners together on the motorcycle at 4.
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These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—is definitely the principle by which judges are bound to these types of past decisions, drawing on founded judicial authority to formulate their positions.
This Court may well interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding reached with the disciplinary authority is based on no evidence. In case the conclusion or finding is for example no reasonable person would have ever attained, the Court may perhaps interfere with the summary or perhaps the finding and mold the relief to really make it correct to your facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. Within the aforesaid proposition, we have been fortified via the decision on the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Free case regulation sites in Pakistan are invaluable resources for anyone needing to understand Pakistani law. By making use of the ideas and techniques outlined in this article, you'll be able to navigate these resources effectively and conduct thorough legal research.
The Court thought of the case to get maintainable under Article 184 (3) For the reason that Threat and encroachment alleged were which include to violate the constitutional right to life when interpreted expansively.
P.C. Liability of petitioners for the said offences would be determined by the learned trial Court after sifting the evidentiary worth of your material produced before the same. Till then, case of
All bankruptcy courts have a telephone information system, also known given that the Voice Case Information System, that allows callers to acquire simple case information through a touchtone phone. This is free to employ and obtainable 24 hrs on a daily basis.
Criminal cases Within the common law tradition, courts decide the legislation applicable into a case by interpreting statutes and applying precedents which record how and why prior cases have been decided. In contrast to most civil legislation systems, common regulation systems follow the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions steady with the previous decisions of higher courts.
three. Rule of Law: The court reiterated the importance of upholding the rule of legislation and making certain that all institutions function within their constitutional mandates.
Because of this, simply citing the case is more likely to annoy a judge than help the party’s case. Consider it as calling someone to inform them you’ve found their shed phone, then telling them you live in this kind of-and-this kind of neighborhood, without actually supplying them an address. Driving within the community endeavoring to find their phone is probably going to generally be more frustrating than it’s value.
14. In the light from read more the position explained previously mentioned, it truly is concluded that a civil servant provides a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more