misrepresentation case law Can Be Fun For Anyone
misrepresentation case law Can Be Fun For Anyone
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“The evidence regarding wajtakkar and extra-judicial confession being relied upon through the prosecution against the petitioner and his higher than mentioned co-accused namely Hussain Bakhsh has already been opined because of the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not utilize, as the criminal Court hasn't convicted the petitioner, rather he has become acquitted from the criminal charges based on evidence and it really is effectively-settled regulation that once the civil servant is acquitted from the criminal case, then on this incredibly charge he cannot be awarded in any punishment by the department and held him disqualified with the post because acquittal for all upcoming purposes. The aforesaid proposition has actually been established at naught through the Supreme Court of Pakistan in the case with the District Police Officer Mainwali and a pair of others v.
Though there is not any prohibition against referring to case regulation from a state other than the state in which the case is being listened to, it holds minimal sway. Still, if there is not any precedent while in the home state, relevant case legislation from another state could possibly be regarded via the court.
R.O, Office, Gujranwala plus the police officials didn't inform him that the identification parade of your accused hasn't been conducted still. In the moment case, now the accused attempted to take advantage of This system aired by SAMAA News, wherein the picture of the petitioner was greatly circulated. The police should not have exposed the identity of the accused through electronic media. The regulation lends assurance on the accused that the identity should not be subjected to the witnesses, particularly to the witness to identify the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and generated pics. In addition to, the images shown to the media reveal that a mask was not placed over the accused to hide his identity until finally he was put up for an identification parade. Making photos in the accused publically, both by showing the same for the witness or by publicizing the same in almost any newspaper or system, would create doubt during the proceedings in the identification parade. The Investigating Officer has to make certain that there is not any likelihood for the witness to see the accused before going into the identification parade. The accused should not be shown to your witness in person or through any other manner, i.e., photograph, video-graph, or maybe the push or electronic media. Presented the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained from the disciplinary authority is based on no evidence. In case the summary or finding is for example no reasonable person would have ever attained, the Court may well interfere with the conclusion or even the finding and mould the relief to make it appropriate into the facts of 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 even the nature of punishment. Over the aforesaid proposition, we're fortified with the decision from the here Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Where there are several members of the court deciding a case, there might be one particular or more judgments specified (or reported). Only the reason with the decision from the majority can constitute a binding precedent, but all can be cited as persuasive, or their reasoning may very well be adopted within an argument.
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Case legislation, also used interchangeably with common law, is usually a legislation that is based on precedents, that will be the judicial decisions from previous cases, alternatively than legislation 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.
Therefore, this petition is found for being not maintainable and it is dismissed along with the pending application(s), as well as petitioners may search for remedies through the civil court process as discussed supra. Read more
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and security. It demonstrates the commitment of your state to protect its citizens and copyright the rule of law.
3. Rule of Regulation: The court reiterated the importance of upholding the rule of regulation and making certain that all institutions function within their constitutional mandates.
Section 489-F in the Pakistan Penal Code pertains to offenses involving copyright currency notes and cash. Its primary objective is usually to curb counterfeiting activities and maintain the sanctity of the national currency.
This section specifically relates to civil servants who are rendered surplus as a result of reorganization or abolition of the division, department, or office. Non-civil servants, by definition, are certainly not subject for the provisions on the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the using organization. Therefore, the provisions of Section 11-A, including the possibility of being posted to another department, would not implement to non-civil servants. Read more