misrepresentation case law Can Be Fun For Anyone

misrepresentation case law Can Be Fun For Anyone

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seventy seven . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 in the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.

The court emphasized that in cases of intentional murder, the gravity with the offense demands the most stringent punishment, thinking of the sanctity of human life and deterrence for prospective offenders.

Intentional Murder: The real key aspect of Section 302 PPC would be the requirement of intention. It indicates that the offender must have the intention to cause the death of your target. Intent could be premeditated or might be formed for the time being of the crime.

twelve. There is not any denial from the fact that in Government service it is anticipated that the persons acquiring their character higher than board, free from any moral stigma, are being inducted. Verification of character and antecedents is really a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to carry out absent with the candidature on the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 133 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp

It is currently perfectly-settled that considerations for pre-arrest and post-arrest bail are totally different, therefore, in our view the realized Judge had fallen in error to cancel the bail allowed to petitioner through the same Additional Sessions Judge.”

This Court might interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained from the disciplinary authority is based on no evidence. If the summary or finding is for instance no reasonable person would have ever achieved, the Court could interfere with the conclusion or maybe the finding and mould the relief to make it suitable into the facts of each and every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. Over the aforesaid proposition, we're fortified from the decision of your Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

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 with the decision in the majority can represent a binding precedent, but all could possibly be cited as persuasive, or their reasoning might be adopted in an argument.

Any court may perhaps seek out to distinguish the present case from that of a binding precedent, to reach a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment into a higher court.

In federal or multi-jurisdictional regulation systems there might exist conflicts between the assorted lessen appellate courts. Sometimes these differences might not be resolved, and it could be necessary to distinguish how the law is applied in one district, province, division or appellate department.

two. I have listened to the figured out counsel for that parties in addition to discovered DPG at duration, perused the record and observed that:-

Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses for instance self-defense, insanity, or accidental killing, which may result in reduced charges or acquittal.

, 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 over the same style of case.

104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's nicely established now that the provision for proforma promotion is not alien or unfamiliar to the civil servant service structure but it's already embedded in Fundamental Rule 17, wherein it's lucidly enumerated that the appointing authority might if satisfied that a civil servant who was entitled being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service into the Federation/ province while in the higher post, direct that this sort of civil servant shall be paid the arrears of spend and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

While the death penalty is irreversible, life imprisonment allows for your possibility of get more info reconsideration or commutation from the sentence in certain circumstances.