Courts prioritize fairness and copyright fundamental rights though respecting the autonomy of educational institutions. Around the aforesaid proposition, we are guided with the decision of the Supreme Court within the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. 9. The aforesaid exceptions are lacking during the present case. In such circumstances, this petition is found for being not maintainable and is dismissed accordingly with pending application (s). Read more
a hundred and one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it can be hassle-free for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to create an attempt to get rid of a case on benefit and more importantly when after recording of evidence it's got reached to your stage of final arguments, endeavors should be made for merit disposal when it's arrived at these kinds of stage. Read more
four. It's been noticed by this Court that there is really a delay of someday in the registration of FIR which has not been explained via the complainant. Moreover, there is no eye-witness with the alleged prevalence and also the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has long been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram took place to become the real brothers with the deceased but they did not respond in the slightest degree towards the confessional statements with the petitioners and calmly noticed them leaving, a person after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not appear much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation regarding why her arrest was not effected after making in the alleged extra judicial confession. It's been held on a lot of situations that extra judicial confession of the accused is usually a weak kind of evidence which can be manoeuvred via the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution can be depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to existence of some light within the place, where they allegedly noticed the petitioners alongside one another on the motorcycle at four.
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record of your department there is not any record offered whatsoever regarding check here promotion of the petitioner(Promotion)
Reasonable grounds can be found to the record to attach the petitioner with the commission in the alleged offence. Even though punishment on the alleged offence does not tumble while in the prohibitory clause of Section 497, Cr.P.C. nonetheless realized Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is from the credit of the petitioner as accused, therefore, case on the petitioner falls during the exception where bail cannot be granted even within the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, direction has become sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of the same is hereby reproduced:
Where there are several members of a court deciding a case, there could possibly be just one or more judgments supplied (or reported). Only the reason with the decision from the majority can represent a binding precedent, but all may very well be cited as persuasive, or their reasoning could be adopted in an argument.
six. Mere involvement within a heinous offence is not any ground for refusing bail to an accused who otherwise becomes entitled to the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, because then He's powering the bars, he is previous non-convict, never involved in almost any case, investigation qua him is complete, his person isn't any more required for further investigation, therefore, his continual incarceration would not serve any beneficial purpose at this stage.
13. The Supreme Court has held that when the act of misconduct is set up as well as employee is found guilty after because of process of regulation, it is the prerogative of the employer to decide the quantum of punishment, away from the various penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness from the act of misconduct is not really ample however the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful manner. Read more
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The scrupulous reader may perhaps have noticed something above: a flaw. Beyond the first 7 words, the definition focuses over the intention to cause “Injury,” not the intention to cause death. The 2 primary elements that must be proven in order to convict a person of the crime are “
[three] For example, in England, the High Court and the Court of Appeals are Every bound by their very own previous decisions, however, since the Practice Statement 1966 the Supreme Court in the United Kingdom can deviate from its earlier decisions, Though in practice it hardly ever does. A notable example of when the court has overturned its precedent is the case of R v Jogee, where the Supreme Court of your United Kingdom ruled that it and also the other courts of England and Wales had misapplied the legislation for almost 30 years.
Additionally, it addresses the limitation period under Article ninety one and 120 of your Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory legislation, which are established by executive businesses based on statutes.