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“The evidence regarding wajtakkar and extra-judicial confession being relied upon because of the prosecution against the petitioner and his higher than mentioned co-accused namely Hussain Bakhsh has already been opined by the Lahore High Court, Lahore in its order dated two-12-2010 passed in Criminal Miscellaneous No.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached through the disciplinary authority is based on no evidence. In case the summary or finding is such as no reasonable person would have ever reached, the Court could interfere with the conclusion or perhaps the finding and mold the relief to make it suitable to your facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. Within the aforesaid proposition, we're fortified through the decision on the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Subscription access exclusively for organizations/businesses (SCC ID demanded) to criminal and traffic case information while in the general district courts for the purpose of confirming an individual’s date of birth.
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In this case, the Supreme Court of Pakistan upheld the death penalty for that accused who intentionally murdered the target.
The issue Here's that an accused may perhaps say that they meant to injure the target, but they did not plan to destroy them. In other words, they might claim that thedeath that resulted mainly because of the accused’s attack was neither foreseeable nor meant.
13. The Supreme Court has held that when the act of misconduct is set up plus the employee is found guilty after because of process of legislation, it's the prerogative in the employer to decide the quantum of punishment, outside of the various penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness from the act of misconduct is not really satisfactory though the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful way. Read more
2. I have heard the learned counsel for your parties in addition to discovered DPG at length, perused the record and noticed that:-
Should the employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not experienced an opportunity to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only accomplished if the employee can show that they'd a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence plus the petitioner company responded to the allegations therefore they were nicely aware of the allegations and led the evidence therefore this point is ofno use being appeared into in constitutional jurisdiction at this stage. Read more
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However, it’s essential to note that the application with the death penalty is topic to several legal safeguards and due process to ensure fair trials.
It is usually important to note that granting of seniority to some civil servant without the actual size of service just about violates the entire service construction for a civil servant inducted in Quality 17 by claiming this sort of benefit without any experience be directly posted in almost any higher quality, which is neither the intention of the regulation nor of the equity. Read more
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