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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77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the legislation laid down from the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority in the parent department of the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and spend the pension amount and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is also directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
four. It's been noticed by this Court that there is really a delay of sooner or later from the registration of FIR which hasn't been explained from the complainant. Moreover, there isn't any eye-witness with the alleged occurrence plus the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners is 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 transpired for being the real brothers on the deceased but they did not react in the slightest degree to the confessional statements from the petitioners and calmly observed them leaving, a single 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 seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation regarding why her arrest was not effected after making in the alleged extra judicial confession. It's been held on countless situations that extra judicial confession of an accused is often a weak variety of evidence which could possibly be manoeuvred because of the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution can be depending on the evidence of Murid Hussain click here 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 within the place, where they allegedly saw the petitioners collectively over a motorcycle at 4.
Deterrence: The anxiety of severe outcomes, which include capital punishment, is meant to deter possible criminals from committing murder. This deterrent effect is essential in reducing the incidence of intentional killings.
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to these types of past decisions, drawing on proven judicial authority to formulate their positions.
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal help may be high-priced and challenging to get.
Legislation professors traditionally have played a much smaller sized role in establishing case regulation in common regulation than professors in civil legislation. Because court decisions in civil legislation traditions are historically brief[four] rather than formally amenable to establishing precedent, much of the exposition with the legislation in civil regulation traditions is completed by lecturers relatively than by judges; this is called doctrine and may be published in treatises or in journals including Recueil Dalloz in France. Historically, common legislation courts relied tiny on legal scholarship; Hence, in the turn of the twentieth century, it was very rare to determine an instructional writer quoted within a legal decision (except Potentially to the academic writings of prominent judges for instance Coke and Blackstone).
Some pluralist systems, including Scots regulation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, do not exactly in good shape into the dual common-civil legislation system classifications. These types of systems might have been closely influenced from the Anglo-American common legislation tradition; however, their substantive law is firmly rooted from the civil law tradition.
Normally, only an appeal accepted because of the court of very last vacation resort will resolve such differences and, for many reasons, these appeals will often be not granted.
Although several websites offer free case regulation, not all are equally reliable. It’s very important To guage the credibility from the source before counting on the information.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and steadiness. It demonstrates the commitment on the state to protect its citizens and copyright the rule of legislation.
Whoever, with the intention of causing death OR with the intention of causing bodily injury to some person, by carrying out an act which inside the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently perilous that it must in all likelihood cause death, causes the death on the this sort of person, is claimed to commit qatl-i-amd/murder”
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right into a healthy environment. This decision is particularly significant as there are no specific provisions from the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it's important that the case recognized the application from the precautionary principle where there is really a menace to environmental rights, and emphasised the positive obligations in the State in protecting the right into a clean and healthy environment.
14. Within the light of your position explained earlier mentioned, it is actually concluded that a civil servant contains a fundamental right to be 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 possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Read more