consular immunity from arrest case laws for Dummies
consular immunity from arrest case laws for Dummies
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“There is no ocular evidence to show that Muhammad Abbas was murdered by any of the present petitioners. Mere fact that Noor Muhammad and Muhammad Din saw firstly the deceased and after a long way they saw the petitioners going towards the same direction, didn't indicate that the petitioners were chasing the deceased or were accompanying him. This kind of evidence cannot be treated as evidence of very last viewed.
refers to law that comes from decisions made by judges in previous cases. Case legislation, also known as “common regulation,” and “case precedent,” gives a common contextual background for certain legal concepts, And just how They are really applied in certain types of case.
4. It's been noticed by this Court that there is really a delay of one day during the registration of FIR which has not been explained via the complainant. Moreover, there is not any eye-witness in the alleged occurrence and also the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession in 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 them namely Ghulam Dastigir and Mohammad Akram occurred to generally be the real brothers in the deceased but they didn't react in the least on the confessional statements on the petitioners and calmly noticed them leaving, one particular 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation as to why her arrest was not effected after making of the alleged extra judicial confession. It's been held on a lot of events that extra judicial confession of an accused is really a weak kind of evidence which could be manoeuvred via the prosecution in any case where direct connecting evidence does not occur their way. The prosecution is additionally depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to presence of some light for the place, where they allegedly saw the petitioners jointly on the motorcycle at four.
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 with the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle isn't legally sound, Apart from promotion and seniority, not absolute rights, These are subject matter to rules and regulations In case the recruitment rules of the subject post permit the case with the petitioners for promotion may very well be viewed as, however, we are apparent within our point of view that contractual service cannot be deemed for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health, matter to availability of vacancy subject into the approval in the competent authority.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is predicted that the persons possessing their character higher than board, free from any moral stigma, are for being inducted. Verification of character and antecedents is really a condition precedent for appointment to your 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 will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to accomplish away with the candidature of your petitioner. Read more
This is because transfer orders are typically deemed within the administrative discretion of the employer. However, there may very well be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the right forum. Read more
S. Supreme Court. Generally speaking, proper case citation consists of the names with the parties to the initial case, the court in which the case was read, the date it had been decided, as well as book in which it really is recorded. Different citation requirements might include things like italicized or underlined text, and certain specific abbreviations.
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thirteen. The Supreme Court has held that when the act of misconduct is founded as well as employee is found guilty after due process of regulation, it is the prerogative of the employer to decide the quantum of punishment, out of the varied penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness of your act of misconduct is not enough though the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful manner. Read more
VI) The petitioner is guiding the bars considering the fact that arrest, investigation in the case is complete, he is not any more expected with the purpose of investigation and at this stage to maintain him driving the bars before summary of trial will provide no beneficial purpose.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to generally be gathered from the parties – specifically regarding the issue of absolute immunity.
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