In addition on the primary punishment, the court might also impose a fine on the offender. The fine’s amount is at the discretion of your court and is intended to function an additional deterrent.
The court emphasized that in cases of intentional murder, the gravity from the offense demands the most stringent punishment, looking at the sanctity of human life and deterrence for probable offenders.
Therefore, this petition is found to be not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners may possibly look for remedies through the civil court process as discussed supra. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Supplied the legal analysis on the topic issue, we've been on the view that the claim from the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is not really legally sound, Aside from promotion and seniority, not absolute rights, they are matter to rules and regulations Should the recruitment rules of the subject post permit the case on the petitioners for promotion might be regarded, however, we are very clear within our point of view that contractual service cannot be viewed as for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Physical fitness, subject to availability of vacancy topic towards the approval with the competent authority.
three. I have heard the realized counsel with the parties and have gone through the record of this case with their ready assistance.
The ICAP Staff Service Rules, 2011 were framed by the respondent/Institute, these rules might not have the operates within a clear legal and regulatory framework of the respondent/Institute. 14. In view of what continues to be discussed earlier mentioned, without touching the merits with the case, the preliminary objection regarding the maintainability from the petition is sustained along with the petition is held to become not maintainable in terms of Article 199 with the Constitution for your reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio with the judgment passed through the Supreme Court while in the case of Pakistan Electric Power Company supra. Read more
The ruling on the first court created case law that must be followed by other courts right up until or Unless of course either new legislation is created, or possibly a higher court rules differently.
Upholding Justice: The application of the legislation and the subsequent punishment with the guilty party supply a perception of closure and justice into the victim’s family and loved ones.
Section 302 with the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be matter on the most severe form of punishment permissible under Pakistani legislation.
All bankruptcy courts have a telephone information system, also known since the Voice Case Information System, that allows callers to acquire essential case information through a touchtone phone. This is free to utilize and offered 24 hrs a day.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses like self-defense, insanity, or accidental killing, which may possibly cause reduced charges or acquittal.
[three] For example, in England, the High Court as well as Court of Appeals are Each and every bound by their individual previous decisions, however, Considering that the Practice Statement 1966 the Supreme Court on the United Kingdom can deviate from its earlier decisions, Even though in practice it not often does. A notable example of when the court has overturned its precedent could be the case of R v Jogee, where the Supreme Court with the United Kingdom ruled that it and the other courts of England and Wales had misapplied the regulation for almost thirty years.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release for a legally acknowledged conviction. Read more
Pakistan’s legal system is just not without flaws: overhauling is overdue plus the legislation regarding murder calls for critical reconsideration and clarification. To the time being, the minimum that can be here achieved is to be sure that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.