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However, Should the same person were charged with section three hundred and 302, their defence that they never meant to get rid of the person – and that They only needed to injure them or incapacitate them –, will are unsuccessful, as being the elements with the offence only have to have the intent to cause injury to generally be proven, not the intention to cause death.
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R.O, Office, Gujranwala plus the police officials did not inform him that the identification parade of your accused hasn't been conducted but. In the instant case, now the accused made an effort to acquire advantage of the program aired by SAMAA News, wherein the picture of the petitioner was extensively circulated. The police should not have exposed the identity of your accused through electronic media. The regulation lends assurance to the accused that the identity should not be exposed to the witnesses, particularly with the witness to determine the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and produced photographs. Apart from, the images shown around the media reveal that a mask was not placed over the accused to hide his identity until finally he was set up for an identification parade. Making images from the accused publically, either by showing the same to your witness or by publicizing the same in almost any newspaper or plan, would create doubt inside the proceedings of the identification parade. The Investigating Officer has to ensure that there is not any probability with the witness to begin to see the accused before going to your identification parade. The accused should not be shown towards the witness in person or through any other method, i.e., photograph, video-graph, or the push or electronic media. Offered the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, It is usually a properly-founded proposition of law 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, utilize to disciplinary more info proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic to your procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings about the evidence.
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is very well-settled that whilst thinking of the case of regular promotion of civil servants, the competent authority should consider the advantage of the many eligible candidates and after because of deliberations, to grant promotion to these kinds of eligible candidates that are found to be most meritorious among them. Since the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was ignored with the respondent department just to increase favor towards the blue-eyed candidate based on OPS, which is apathy within the part of your respondent department.
whether though granting promotion senior employees were considered for promotion or otherwise and submit the compliance report.(Promotion)
Generally, only an appeal accepted by the court of last vacation resort will resolve these kinds of differences and, For most reasons, this sort of appeals are frequently not granted.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Offered the legal analysis on the topic issue, we've been from the view that the claim in the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is not legally sound, Aside from promotion and seniority, not absolute rights, they are subject to rules and regulations If your recruitment rules of the subject post allow the case of your petitioners for promotion can be considered, however, we've been apparent in our point of view that contractual service cannot be regarded for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health, matter to availability of vacancy subject matter towards the approval in the competent authority.
The scrupulous reader could have noticed one thing over: a flaw. Further than the first 7 words, the definition focuses about the intention to cause “Injury,” not the intention to cause death. The 2 primary elements that must be proven in order to convict a person of a crime are “
Generally speaking, higher courts never have direct oversight over the lower courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments of the lower courts.
ninety . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion could be the vested right of the civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for turning out to be entitled to get deemed for promotion into a higher quality, of course, will not be without logic given that the officer that's in the beginning inducted into a particular post needs to provide about the claimed post to gain experience to hold the next higher post also to provide the public in the befitting way.
The Roes accompanied the boy to his therapy sessions. When they were explained to with the boy’s past, they questioned if their children were Risk-free with him in their home. The therapist assured them that that they had almost nothing to worry about.
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