Detailed Notes on accident case law

Detailed Notes on accident case law

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The mentioned case laws offer insights into how the courts interpret and implement Section 302, emphasizing the importance of a fair and just legal system. It truly is important for society to understand the gravity of this offense as well as the need for stringent punishment to prevent possible offenders and make sure justice with the victims and their households.

In this landmark case, the Supreme Court commuted the death sentence to life imprisonment on the grounds of extenuating circumstances. The court acknowledged that while the crime of murder was set up, 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.

Deterrence: The worry of severe repercussions, which include capital punishment, is meant to prevent possible criminals from committing murder. This deterrent effect is essential in reducing the event of intentional killings.

The claimed recovery might be used, in the most, for corroboration of your main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of occurrence. The explained memo of pointation is irrelevant and inadmissible as nothing was discovered as a result of these types of pointation. The place of prevalence plus the place of throwing the dead body were already during the knowledge of witnesses prior to their pointation because of the petitioners. Reliance is likewise placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held because of the august Supreme Court of Pakistan as under:

This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at because of the disciplinary authority is based on no evidence. When the conclusion or finding is for example no reasonable person would have ever attained, the Court may perhaps interfere with the conclusion or even the finding and mould the relief to really make it acceptable into the facts of 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 perhaps the nature of punishment. To the aforesaid proposition, we've been fortified by the decision of the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is effectively-settled that even though looking at the case of normal promotion of civil servants, the competent authority should evaluate the merit of each of the qualified candidates and after due deliberations, to grant promotion to these kinds of qualified candidates who will be found to be most meritorious amongst them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was overlooked with the respondent department just to increase favor on the blue-eyed candidate based on OPS, which is apathy within the part on the respondent department.

A year later, Frank and Adel have a similar challenge. When they sue their landlord, the court must use the previous court’s decision in applying the legislation. This example of case regulation refers to two cases heard while in the state court, within the same level.

thirteen. The Supreme Court has held that when the act of misconduct is proven as well as employee is found guilty after because of process of legislation, it's the prerogative with the employer to decide the quantum of punishment, out of the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness of your act of misconduct will not be ample nevertheless the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful method. Read more

The regulation of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called regulation of necessity..

In the event the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not had a possibility to answer the grievance and attempt to resolve it. In certain cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only completed 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 for the allegations therefore they were effectively mindful of the allegations and led the evidence as such this point is ofno use being seemed into in constitutional jurisdiction at this stage. Read more

this Court is left with no option but to direct the respondents to notify the promotion on the petitioner in next rank .(Promotion)

This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a healthy environment. This decision is particularly significant as there aren't any specific provisions in the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it's important that the case founded the application in the precautionary principle where there is usually a threat to environmental rights, and click here emphasized the positive obligations of the State in protecting the right to a clean and healthy environment.

one hundred fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of the respondents that pensionary benefits may be withheld on account from the allegations leveled against the petitioner, within our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension could be withheld or reduced. These include things like if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a serious crime, their pension might be withheld or reduced. In some cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions established through the government.