An Unbiased View of collusion by contractors case laws in pakistan
An Unbiased View of collusion by contractors case laws in pakistan
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“There isn't any ocular evidence to show that Muhammad Abbas was murdered by any with the present petitioners. Mere fact that Noor Muhammad and Muhammad Din observed firstly the deceased and after a ways they saw the petitioners going towards the same direction, didn't indicate that the petitioners were chasing the deceased or were accompanying him. This sort of evidence cannot be treated as evidence of final found.
The mentioned case laws offer insights into how the courts interpret and utilize Section 302, emphasizing the importance of the fair and just legal system. It can be critical for society to understand the gravity of this offense as well as need for stringent punishment to deter possible offenders and guarantee justice for your victims and their households.
4. It's been noticed by this Court that there is really a delay of sooner or later during the registration of FIR which has not been explained because of the complainant. Moreover, there is not any eye-witness in the alleged incidence and the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners is tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram occurred being the real brothers of your deceased but they did not react in any way to the confessional statements from the petitioners and calmly noticed them leaving, one 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 14.02.2018 and there is not any explanation concerning why her arrest wasn't effected after making of the alleged extra judicial confession. It's been held on countless events that extra judicial confession of an accused can be a weak form of evidence which may very well be manoeuvred because of the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution is also counting 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 presence of some light with the place, where they allegedly noticed the petitioners jointly with a motorcycle at four.
12. There is not any denial from the fact that in Government service it is expected that the persons possessing their character over board, free from any moral stigma, are to become inducted. Verification of character and antecedents is often a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to carry out absent with the candidature in 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: 15-JAN-25 Approved for Reporting WhatsApp
extended period petitioner wasn't considered for promotion, meeting of your departmental promotion committee and take into account the petitioner (Promotion)
The case addresses An array of issues including, environmental protection, and an expansive interpretation of the read more right to life.
Following the decision, NESPAK, as directed, conducted an assessment of the grid project and submitted that sufficient mitigation measures were in place to render any prospective adverse impacts negligible. Based on this, the grid station was permitted to get created.
The Court thought of the case to become maintainable under Article 184 (3) since the danger and encroachment alleged were like to violate the constitutional right to life when interpreted expansively.
thirteen. The Supreme Court has held that as soon as the act of misconduct is proven and the employee is found guilty after owing process of regulation, it is the prerogative with the employer to decide the quantum of punishment, from the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness of the act of misconduct will not be adequate though the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful fashion. Read more
Although lots of websites offer free case regulation, not all are equally reliable. It’s essential To guage the credibility of the source before depending on the information.
When the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not had a possibility to answer the grievance and attempt to resolve it. In some cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only accomplished if the employee can show that they'd a good reason for not serving the grievance notice. In the present case, the parties were allowed to guide evidence as well as the petitioner company responded towards the allegations as a result they were well mindful of the allegations and led the evidence therefore this point is ofno use for being looked into in constitutional jurisdiction at this stage. Read more
10. Without touching the merits from the case on the issue of annual increases from the pensionary emoluments with the petitioner, in terms of policy decision of the provincial government, such yearly increase, if permissible in the case of employees of KMC, demands further assessment being made by the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
A lower court might not rule against a binding precedent, although it feels that it really is unjust; it might only express the hope that a higher court or perhaps the legislature will reform the rule in question. Should the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the regulation evolve, it might both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow for any judge to recommend that an appeal be performed.
It's also important to note that granting of seniority to your civil servant without the actual duration of service virtually violates the complete service framework as being a civil servant inducted in Grade seventeen by claiming such benefit without any experience be directly posted in any higher grade, which is neither the intention with the law nor on the equity. Read more