The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It is usually a very well-set up proposition of regulation 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 achieve 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 in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is matter to the procedure provided under the relevant rules instead of otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings to the evidence.
These lists are sorted chronologically by Chief Justice and include all notable cases decided from the court. Articles exist for almost all cases.
Deterrence: The panic of severe consequences, such as capital punishment, is meant to prevent potential criminals from committing murder. This deterrent effect is very important in reducing the prevalence of intentional killings.
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on proven judicial authority to formulate their positions.
Section 302 of your PPC deals with one of several most severe offenses in criminal regulation: murder. In this site post, we will delve into the provisions of Section 302, discover the punishment it involves, and assess some notable case laws related to this particular section.
The ruling in the first court created case regulation that must be followed by other courts till or Except possibly new law is created, or simply a higher court rules differently.
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to adhere to.
Typically, only an appeal accepted with the court of previous resort will resolve this sort of differences and, For a lot of reasons, this kind of appeals are often not granted.
Whilst a lot of websites audi alteram partem case laws offer free case law, not all are equally reliable. It’s critical To guage the credibility of the source before depending on the information.
The appellate court determined that the trial court had not erred in its decision to allow more time for information being gathered with the parties – specifically regarding the issue of absolute immunity.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling to the same variety of case.
13309-B of 2010 to become weak types of evidence and also the evidentiary value whereof would be observed on the time with the trial. The investigation of this case has already been finalized and, Hence, confirmed custody of your petitioner in jail is not going to provide any advantageous purpose at this stage.”
fourteen. From the light in the position explained previously mentioned, it really is concluded that a civil servant incorporates a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Read more