5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
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refers into a landmark case decided by the Supreme Court of Pakistan in 2012. Below’s a brief overview:
۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔
This Court might interfere where the authority held the proceedings against the delinquent officer in the fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at with the disciplinary authority is based on no evidence. When the conclusion or finding is which include no reasonable person would have ever arrived at, the Court may well interfere with the conclusion or perhaps the finding and mould the relief to really make it proper on the 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-value the evidence or the nature of punishment. Over the aforesaid proposition, we have been fortified by the decision in the Supreme Court in 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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Preceding 4 tax years interpreted. It's not necessarily from the date of finalisation of audit but from the tax year involved. Read more
Article 27 in the Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment also. The disparity in the pay scale allowances of Stenographers within the District Judiciary is inside the crystal clear negation with the law laid down from the Supreme Court in its various pronouncements. Read more
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed a notice and comment restriction on government companies in regards to projects that could most likely pose a public risk. This case is additionally noteworthy, “because it laid down the foundations of all website upcoming public interest litigation introduced before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found inside the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is a right to life itself.
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
thirteen. The Supreme Court has held that the moment the act of misconduct is founded as well as the employee is found guilty after due process of law, it is the prerogative of your 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 of the act of misconduct will not be satisfactory but the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful fashion. Read more
Knowledge with the accused is actually a matter to get inferred from the circumstances, for it being a state of mind, is quite challenging to become proved otherwise.”
The scrupulous reader may have noticed a little something higher than: a flaw. Over and above the first 7 words, the definition focuses to the intention to cause “Injury,” not the intention to cause death. The 2 simple elements that must be proven in order to convict a person of a crime are “
Whoever, with the intention of causing death OR with the intention of causing bodily injury into a person, by performing an act which during the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently risky that it must in all likelihood cause death, causes the death of your these person, is said to commit qatl-i-amd/murder”
Persuasive Authority – Prior court rulings that might be consulted in deciding a current case. It may be used to guide the court, but is not really binding precedent.
Additionally it is important to note that granting of seniority to your civil servant without the actual length of service nearly violates your complete service structure like a civil servant inducted in Quality seventeen by claiming these kinds of benefit without any experience be directly posted in almost any higher quality, which is neither the intention from the regulation nor from the equity. Read more