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14. While in the light of the position explained previously mentioned, it is actually concluded that a civil servant contains a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or during 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-25 Approved for Reporting WhatsApp
For a society, it truly is essential to continue striving for just a just legal system that makes certain fairness, protection, and respect for all individuals’ right to life.
Section 302 on the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to work as a deterrent and copyright the value of human life. The application in the death penalty or life imprisonment depends around the specifics of each and every case, like any extenuating circumstances or mitigating factors.
Individual researchers working on defined research projects supposed for scholarly work can utilize the attached form (PDF) to request PACER fee exemptions from multiple courts.
In this site post, we will delve into the details of Section 302 PPC, Checking out its provisions and the gravity of its punishment.
Where there are several members of the court deciding a case, there here could possibly be just one or more judgments supplied (or reported). Only the reason for your decision of 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 Court thought of the case to be maintainable under Article 184 (3) Because the Hazard and encroachment alleged were for example to violate the constitutional right to life when interpreted expansively.
Case regulation, also used interchangeably with common law, is a regulation that is based on precedents, that would be the judicial decisions from previous cases, fairly than law based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
When the petitioner is actually present with the place of incidence without causing any injury for the deceased or PWs then in this sort of circumstances, whether he is vicariously liable shall be decided via the uncovered trial Court after recording in the evidence.
Apart from the rules of procedure for precedent, the load given to any reported judgment may possibly depend on the reputation of both the reporter and the judges.[7]
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent couldn't be proved Except if case is tried(Bail Matters)
In order to preserve a uniform enforcement of the laws, the legal system adheres towards the doctrine of stare decisis
P.C. for grant of post arrest bail should also be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held via the august Supreme Court of Pakistan as under:--