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Intentional Murder: The real key factor of Section 302 PPC could be the prerequisite of intention. It implies that the offender must have the intention to cause the death of the target. Intent can be premeditated or might be formed in the mean time with the crime.
Deterrence: The worry of severe effects, which includes capital punishment, is meant to prevent likely criminals from committing murder. This deterrent effect is very important in reducing the prevalence of intentional killings.
R.O, Office, Gujranwala as well as police officials did not inform him that the identification parade in the accused hasn't been conducted nevertheless. In the moment case, now the accused tried to take advantage of This system aired by SAMAA News, wherein the picture with the petitioner was greatly circulated. The police should not have exposed the identity in the accused through electronic media. The law lends assurance for the accused that the identity should not be subjected to the witnesses, particularly with the witness to detect the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and manufactured photos. Apart from, the images shown about the media reveal that a mask wasn't placed over the accused to hide his identity right up until he was put up for an identification parade. Making photographs from the accused publically, either by showing the same to your witness or by publicizing the same in almost any newspaper or application, would create doubt in the proceedings on the identification parade. The Investigating Officer has to make certain that there isn't any chance for that witness to see the accused before going on the identification parade. The accused should not be shown into the witness in person or through any other method, i.e., photograph, video-graph, or perhaps the press or electronic media. Supplied the reasons elaborated previously mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
In this blog site post, we will delve into the details of Section 302 PPC, Checking out its provisions and the gravity of its punishment.
ninety six . more info Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is effectively-settled that although taking into consideration the case of normal promotion of civil servants, the competent authority has got to consider the advantage of many of the qualified candidates and after because of deliberations, to grant promotion to this sort of eligible candidates that are found being most meritorious among them. For the reason that petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was ignored with the respondent department just to extend favor for the blue-eyed candidate based on OPS, which is apathy to the part of your respondent department.
The appellant should have remained vigilant and raised his challenge on the Judgment within time. Read more
thirteen. The Supreme Court has held that as soon as the act of misconduct is established as well as employee is found guilty after thanks process of legislation, it is the prerogative of your employer to decide the quantum of punishment, from the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness in the act of misconduct is not satisfactory nevertheless the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful way. Read more
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Criminal cases In the common law tradition, courts decide the legislation applicable to your case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Compared with most civil legislation systems, common legislation systems Keep to the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all lower courts should make decisions regular with the previous decisions of higher courts.
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This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to some healthy environment. This decision is particularly significant as there are not any specific provisions within the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it truly is important that the case established the application in the precautionary principle where there is often a threat to environmental rights, and emphasized the positive obligations of your State in protecting the right to the clean and healthy environment.
14. Within the light in the position explained over, it's concluded that a civil servant includes 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 deemed for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the size of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more