The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
14. While in the light in the position explained above, it can be concluded that a civil servant incorporates a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded as for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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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:Offered the legal analysis on the subject issue, we have been with the view that the claim on the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle isn't legally seem, Apart from promotion and seniority, not absolute rights, These are issue to rules and regulations In the event the recruitment rules of the subject post permit the case from the petitioners for promotion may very well be regarded, however, we've been very clear within our point of view that contractual service cannot be regarded as for seniority and promotion given that the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Physical fitness, matter to availability of vacancy matter towards the approval of your competent authority.
long period petitioner wasn't regarded as for promotion, meeting of the departmental promotion committee and think about the petitioner (Promotion)
Section 302 on the PPC deals with one of many most severe offenses in criminal legislation: murder. In this site post, we will delve into the provisions of Section 302, discover the punishment it involves, and examine some notable case laws related to this particular section.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice with the loss of the life. It allows the legal system to impose a proportional punishment to the offender, making sure They are really held accountable for their actions.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 in the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to the person causes death of these person, both by mistake of act or by mistake of fact is said to commit qatl-i-khata.”
nine. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
From the United States, courts exist on both the federal and state levels. The United States Supreme Court could be the highest court inside the United States. Reduce courts around the federal level include the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, plus the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts listen to cases involving matters related into the United States Constitution, other federal laws and regulations, and certain matters that require parties from different states or countries and large sums of money in dispute. Each and every state has its personal judicial system that includes trial and appellate courts. The highest court in Just about every state is frequently referred to because the “supreme” court, Whilst there are some exceptions to this rule, for example, the New York Court of Appeals or even the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state regulation and regulations, Though state courts might also generally listen to cases involving federal laws.
The scrupulous reader could have noticed some thing over: a flaw. Past the first seven words, the definition focuses on the intention to cause “Injury,” not the intention to click here cause death. The two simple elements that must be proven in order to convict a person of a crime are “
Article 199 of the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It is effectively-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually perfectly founded now that the provision for proforma promotion is not alien or unfamiliar to the civil servant service structure but it's already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority may possibly if pleased that a civil servant who was entitled to be promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service to your Federation/ province from the higher post, direct that this sort of civil servant shall be paid the arrears of spend and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.