refers to your landmark case decided with the Supreme Court of Pakistan in 2012. Here’s a brief overview:

When the punishment may very well be severe, its purpose is not really solely to seek vengeance but to prevent opportunity offenders and copyright the principles of justice and social order.

116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not use, because the criminal Court has not convicted the petitioner, somewhat he is acquitted of the criminal charges based on evidence and it is actually perfectly-settled legislation that once the civil servant is acquitted from the criminal case, then on this extremely charge he cannot be awarded in almost any punishment through the department and held him disqualified for that post because acquittal for all long run purposes. The aforesaid proposition has been established at naught through the Supreme Court of Pakistan from the case of your District Police Officer Mainwali and a couple of others v.

This unfortunate ambiguity results inside the legislation regarding murder and manslaughter to become repugnant with Every single other.

3.  I have read the realized counsel for the parties and have gone through the record of this case with their capable assistance.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 to the main case, it is also a effectively-set up proposition of legislation 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 the fact or evidence in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject matter to the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings about the evidence.

The ruling in the first court created case regulation that must be followed by other courts until or unless both new legislation is created, or a higher court rules differently.

Electronic and paper court records retained at the court site is often viewed for the courthouse for free, however there is often a price of ten cents for every page to print from a public access terminal.

This system, to be used by members in the Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.

Whilst lots of websites offer free case legislation, not all are equally reliable. It’s crucial To guage the credibility in the source before relying on the information.

Alternative Punishment: In certain cases, the court may have the discretion to award life imprisonment being an alternative for the death penalty. Life imprisonment involves the offender spending the rest of their life powering bars without the possibility of parole or early release.

Article 199 of the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It truly is get more info properly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

A decreased court may well not rule against a binding precedent, even when it feels that it is unjust; it may well only express the hope that a higher court or even the legislature will reform the rule in question. Should the court believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the law evolve, it may well both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow for any judge to recommend that an appeal be performed.

The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination with the current case are called obiter dicta, which constitute persuasive authority but are usually not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]