About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
Blog Article
refers to a landmark case decided via the Supreme Court of Pakistan in 2012. Below’s a brief overview:
The mentioned case laws offer insights into how the courts interpret and apply Section 302, emphasizing the importance of the fair and just legal system. It can be important for society to understand the gravity of this offense plus the need for stringent punishment to discourage prospective offenders and make sure justice with the victims and their family members.
Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), along with the petitioners could search for remedies through the civil court process as discussed supra. Read more
Section 302 of the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to act as a deterrent and copyright the value of human life. The application from the death penalty or life imprisonment depends within the specifics of each case, which include any extenuating circumstances or mitigating factors.
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is predicted that the persons possessing their character above board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed into a Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to accomplish absent with the candidature from the petitioner. Read more
In this blog post, we will delve into the details of Section 302 PPC, Checking out its provisions and also the gravity of its punishment.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the topic issue, we have been of your view that the claim of the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle just isn't legally sound, Apart from promotion and seniority, not absolute rights, They can be topic to rules and regulations When the recruitment rules of the topic post allow the case on the petitioners for promotion could be considered, however, we've been obvious within our point of view that contractual service cannot be regarded as for seniority and promotion as the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Exercise, topic to availability of vacancy issue to the approval with the competent authority. Read more
The issue Here's that an accused might say that they intended to injure the sufferer, but they did not plan to kill them. In other words, they may claim that thedeath that resulted a result of the accused’s attack was neither foreseeable nor supposed.
13. The Supreme Court has held that once the act of misconduct is established as well as employee is found guilty after owing process of regulation, it's the prerogative in the employer to decide the quantum of punishment, out of the assorted penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness of the act of misconduct is not satisfactory 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
Knowledge in the accused is a matter to become inferred from the circumstances, for it being a state of mind, is very hard being proved otherwise.”
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses like self-defense, insanity, or accidental killing, which might lead to reduced charges or acquittal.
this Court is remaining with no option but to direct more info the respondents to notify the promotion with the petitioner in next rank .(Promotion)
If the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't had a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only finished If your employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to steer evidence as well as the petitioner company responded to the allegations as such they were nicely conscious of the allegations and led the evidence as such this point is ofno use for being appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
dismissed as not pressed and sentences awarded into the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )