consular immunity from arrest case laws for Dummies
consular immunity from arrest case laws for Dummies
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one hundred and one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it is practical to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to get rid of a case on benefit and more importantly when after recording of evidence it's got reached to your stage of final arguments, endeavors should be made for advantage disposal when it has arrived at such stage. Read more
four. It has been noticed by this Court that there can be a delay of at some point from the registration of FIR which has not been explained with the complainant. Moreover, there is not any eye-witness from the alleged prevalence as well as the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has long been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram occurred to become the real brothers from the deceased but they didn't react whatsoever to the confessional statements with the petitioners and calmly saw them leaving, one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not glimpse much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation concerning why her arrest wasn't effected after making in the alleged extra judicial confession. It's been held on numerous instances that extra judicial confession of an accused is usually a weak form of evidence which could be manoeuvred via the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is usually counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word as to presence of some light within the place, where they allegedly saw the petitioners jointly with a motorcycle at 4.
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prolonged period petitioner was not considered for promotion, meeting of the departmental promotion committee and take into account the petitioner (Promotion)
This is because transfer orders are typically deemed within the administrative discretion from the employer. However, there might be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the appropriate forum. Read more
ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is very well-settled that even though contemplating the case of regular promotion of civil servants, the competent authority has got to evaluate the benefit of the many qualified candidates and after thanks deliberations, to grant promotion to these kinds of eligible candidates who're found to become most meritorious check here among them. Because the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed because of the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy about the part of the respondent department.
Upholding Justice: The application with the legislation along with the subsequent punishment of your guilty party provide a feeling of closure and justice to your sufferer’s family and loved types.
nine. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent as well as case under appeal, Possibly overruling the previous case legislation by setting a completely new precedent of higher authority. This might come about several times as being the case works its way through successive appeals. Lord Denning, first of the High Court of Justice, later from the Court of Appeal, provided a famous example of this evolutionary process in his progress of your concept of estoppel starting within the High Trees case.
Criminal cases During the common regulation tradition, courts decide the regulation applicable to a case by interpreting statutes and applying precedents which record how and why prior cases have been decided. As opposed to most civil law systems, common law systems Adhere to the doctrine of stare decisis, by which most courts are bound by their personal previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions constant with the previous decisions of higher courts.
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved unless case is tried out(Bail Matters)
13309-B of 2010 for being weak types of evidence as well as the evidentiary value whereof would be noticed with the time in the trial. The investigation of this case has already been finalized and, thus, confirmed custody from the petitioner in jail is unlikely to serve any helpful purpose at this stage.”
When the death penalty is irreversible, life imprisonment allows for the possibility of reconsideration or commutation on the sentence in certain circumstances.