The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, Additionally it is a properly-established 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is issue on the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings about the evidence.
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Deterrence: The anxiety of severe penalties, such as capital punishment, is meant to discourage likely criminals from committing murder. This deterrent effect is crucial in reducing the occurrence of intentional killings.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is expected that the persons acquiring their character over board, free from any moral stigma, are being inducted. Verification of character and antecedents can be a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service is definitely 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 perform absent with the candidature of the petitioner. Read more
In this web site post, we will delve into the details of Section 302 PPC, Discovering its provisions plus the gravity of its punishment.
Where there are several members of a court deciding a case, there may be 1 or more judgments given (or reported). Only the reason to the decision on the majority can represent a binding precedent, but all may very well be cited as persuasive, or their reasoning could be adopted in an argument.
The court cannot listen to the transfer order challenge because it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders holding in view that among the list of respondents has retired from service as pointed out from the counsel for that respondent university. 12. The petition and applications pending therein stand dismissed with no order concerning costs. Read more
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2. I have read the learned counsel for your parties together with acquired DPG at length, perused check here the record and noticed that:-
The death penalty, also known as capital punishment, may be the most severe form of punishment for murder under Section 302. It consists of the execution in the convicted person as a consequence of their crime.
10. Without touching the merits of your case of your issue of once-a-year increases within the pensionary emoluments on the petitioner, in terms of policy decision in the provincial government, this sort of yearly increase, if permissible in the case of employees of KMC, needs further assessment to become made by the court of plenary jurisdiction. KMC's reluctance on account of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
13309-B of 2010 to be weak types of evidence as well as the evidentiary value whereof would be witnessed in the time with the trial. The investigation of this case has already been finalized and, Hence, confirmed custody with the petitioner in jail is not likely to provide any effective purpose at this stage.”
This section specifically applies to civil servants that are rendered surplus due to reorganization or abolition of the division, department, or office. Non-civil servants, by definition, are not topic on the provisions with the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the employing organization. Therefore, the provisions of Section 11-A, including the possibility of being posted to another department, would not use to non-civil servants. Read more