In addition to the primary punishment, the court may also impose a fine around the offender. The fine’s amount is for the discretion of your court and is meant to function an additional deterrent.
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 of the law laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of your parent department of your petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and fork out the pension amount and other ancillary benefits on the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority of the respondent can also be 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
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eighty two . 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 with the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
Petitioner possessing been declared an absconder in this case for over a person along with a 50 % year generates the apprehension that the petitioner may well avoid standing trial and therefore delay the prosecution on the case. The material on record makes the case of the petitioner falls under two exceptions to the rule of grant of bail as mentioned previously mentioned.
The Court regarded the case to be maintainable under Article 184 (3) Considering that the danger and encroachment alleged were for example to violate the constitutional right to life when interpreted expansively.
thirteen. The Supreme Court has held that when the act of misconduct is established plus the employee is found guilty after because of process of regulation, it is the prerogative with the employer to decide the quantum of punishment, from the different penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness of the act of misconduct will not be satisfactory but the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful method. Read more
This case continues to be cited in a lot of subsequent judgments, particularly in cases involving constitutional law, judicial independence, and also the rule of regulation.
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 in the convicted person as a consequence of their crime.
ten. Without touching the merits with the case from the issue of yearly increases within the pensionary emoluments with the petitioner, in terms of policy decision of the provincial government, such annual increase, if permissible while in the case of employees of KMC, calls for further assessment to be made by the court of plenary jurisdiction. KMC's reluctance because of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
share or interest of a co-owner in immovable property may sold to another co-owner/co-sharer or perhaps to an stranger and section forty four(Transfer of Property click here Act 1882)
dismissed as not pressed and sentences awarded for the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )