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four. It has been noticed by this Court that there is really a delay of in the future within the registration of FIR which has not been explained by the complainant. Moreover, there isn't any eye-witness of your alleged prevalence and the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners has become 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 with the deceased but they didn't respond in any respect on the confessional statements on the petitioners and calmly saw them leaving, just 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 appear much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation regarding why her arrest wasn't effected after making from the alleged extra judicial confession. It's been held on countless instances that extra judicial confession of an accused is often a weak kind of evidence which may very well be manoeuvred with the prosecution in any case where direct connecting evidence does not arrive their way. The prosecution can be depending 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 regarding presence of some light for the place, where they allegedly saw the petitioners together on a motorcycle at 4.
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139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the subject issue, we're with the view that the claim in the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle is just not legally seem, besides promotion and seniority, not absolute rights, They can be matter to rules and regulations if the recruitment rules of the subject post allow the case in the petitioners for promotion could be viewed as, however, we're crystal clear in our point of view that contractual service cannot be viewed as for seniority and promotion as the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, subject matter to availability of vacancy subject on the approval of your competent authority.
82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of the Constitution based around the doctrine of laches as get more info this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Permit’s deal with what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.
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VI) The petitioner is guiding the bars due to the fact arrest, investigation from the case is complete, he is no more expected to the purpose of investigation and at this stage to maintain him driving the bars before conclusion of trial will provide no handy purpose.
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14. In the light from the position explained over, it is concluded that a civil servant includes a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the length of service or in the form of inquiry and departmental action was so taken against his right of promotion. Read more