A Secret Weapon For leading case laws of tax practices sec 122 5 a
A Secret Weapon For leading case laws of tax practices sec 122 5 a
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“There is not any ocular evidence to show that Muhammad Abbas was murdered by any in the present petitioners. Mere fact that Noor Muhammad and Muhammad Din observed firstly the deceased and after a ways they saw the petitioners going towards the same direction, didn't necessarily mean that the petitioners were chasing the deceased or were accompanying him. These kinds of evidence cannot be treated as evidence of last seen.
Delay in recording confessional statement will not be treated fatal to the case of prosecution(Murder Trial)
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding achieved via the disciplinary authority is based on no evidence. In case the summary or finding is including no reasonable person would have ever arrived at, the Court might interfere with the summary or the finding and mildew the relief to really make it correct towards the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. Around the aforesaid proposition, we've been fortified via the decision in the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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This Court could interfere where the authority held the proceedings against the delinquent officer in a very way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained from the disciplinary authority is based on no evidence. In the event the summary or finding is including no reasonable person would have ever arrived at, the Court may possibly interfere with the summary or the finding and mold the relief to make it ideal to the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or maybe the nature of punishment. About the aforesaid proposition, we're fortified through the decision on the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
only on the ground of miscases remanded & only within the ground of misreading of evidence only within the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
The Court thought of the case to get maintainable under Article 184 (3) For the reason that Hazard and encroachment alleged were like to violate the constitutional right to life when interpreted expansively.
thirteen. The Supreme Court has held that as soon as the act of misconduct is founded as well as the employee is found guilty after due process of law, it is the prerogative of your employer to decide the quantum of punishment, from the various penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness in the act of misconduct just isn't adequate although the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful fashion. Read more
Therefore, this petition is found to get not maintainable which is dismissed along with the pending application(s), plus the petitioners may perhaps request remedies through the civil court process as discussed supra. Read more
The death penalty, also known as capital punishment, would be the most severe form of punishment for murder under Section 302. It will involve the execution of your convicted person as being a consequence of their crime.
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A reduced court might not rule against a binding precedent, although it feels that it truly is unjust; it could only express the hope that a higher court or maybe the legislature will reform the rule in question. When the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the law evolve, it could possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for your judge to recommend that an appeal be carried out.
Pakistan’s legal system just isn't without flaws: overhauling is overdue along with the law regarding murder requires really serious reconsideration and clarification. website For that time being, the minimum that can be achieved is to make certain that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.