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93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a nicely-established proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue to the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings to the evidence.
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment over the grounds of extenuating circumstances. The court acknowledged that even though the crime of murder was recognized, the offender had a history of mental illness, which played a significant role in committing the offense. This case established a precedent for looking at mitigating factors during sentencing.
maintaining the conviction awarded into the appellant reduce the sentence in the appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
The Pakistan Penal Code (PPC) is an extensive piece of legislation that defines numerous criminal offenses and prescribes corresponding punishments for people found guilty.
Reasonable grounds can be obtained to the record to attach the petitioner with the commission of the alleged offence. Though punishment on the alleged offence does not slide in the prohibitory clause of Section 497, Cr.P.C. but discovered Deputy Prosecutor General apprises that another case of similar nature arising out of FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is during the credit of the petitioner as accused, therefore, case of your petitioner falls in 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, guidance has become sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion with the same is hereby reproduced:
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for your loss of a life. It allows the legal system to impose a proportional punishment around the offender, making certain These are held accountable for their actions.
The issue Here's that an accused might say that they intended to injure the target, but they did not intend to get rid of them. In other words, they might claim that thedeath that resulted mainly because of the accused’s attack was neither foreseeable nor meant.
The regulation as founded in previous court rulings; like common law, which springs from judicial decisions and tradition.
Knowledge on the accused can be a matter to become inferred from the circumstances, for it being a state of mind, is quite challenging to be proved otherwise.”
Using keywords effectively can be essential. Take into consideration using synonyms and variations of your keywords to ensure you capture all relevant results. Understanding the citation system used by Pakistani courts will also help you pinpoint specific cases.
10. Without touching the merits on the case from the issue of annual increases in the pensionary emoluments of the petitioner, in terms of policy decision in the provincial government, this kind of once-a-year increase, if permissible from the case of employees of KMC, demands further assessment being made by the court of plenary jurisdiction. KMC's reluctance due to funding issues and not enough adoption of click here provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
Section 489-F in the Pakistan Penal Code pertains to offenses involving copyright currency notes and cash. Its primary objective is always to curb counterfeiting activities and maintain the sanctity with the national currency.
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