III) During the version in the father of deceased namely Muhammad Iqbal (complainant of second Model) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed into the petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.
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4. Record shows that the petitioner continues to be booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the moment case. While the petitioner has obtained bail in Those people cases, it does, prima facie, create that the petitioner is at risk of repeating the offence.
Ordinarily, the burden rests with litigants to appeal rulings (together with those in apparent violation of founded case legislation) for the higher courts. If a judge acts against precedent, along with the case is not really appealed, the decision will stand.
three. I have heard the acquired counsel for that parties and have absent through the record of this case with their equipped assistance.
four. It goes without declaring that observations made hereinabove are only tentative in nature and strictly confined towards the disposal of quick bail petition.
If a target is shot at point-blank variety, it may well still be fair to infer that the accused meant death. However, that is just not always the case.
The court cannot listen to the transfer order challenge mainly 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 preserving in view that among the list of respondents has retired from service as pointed out by the counsel for your respondent university. 12. The petition and applications pending therein stand dismissed with no order as to costs. Read more
thirteen. The Supreme Court has held that when the act of misconduct is founded as well as the employee is found guilty after due process of legislation, it's the prerogative in the employer to decide the quantum of punishment, outside of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness from the act of misconduct is not really satisfactory but the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful fashion. Read more
two. I have read the figured out counsel for that parties together with realized DPG at size, perused the record and observed that:-
The appellate court determined that the trial court had not erred in its decision to allow more time for information to get gathered through the parties – specifically regarding the issue of absolute immunity.
Whoever, with the intention of causing death OR with the intention of causing bodily injury into a person, by performing an act which from the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently harmful that it must in all likelihood cause death, causes the death from the these person, is get more info said to commit qatl-i-amd/murder”
Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It might be used to guide the court, but is not binding precedent.
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