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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seventy seven . 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 moment Petition under Article 199 in the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
The main focus is within the intention to cause injury. This is a major dilemma: a very low threshold for an offence carrying the death penalty.
4. It has been noticed by this Court that there is a delay of in the future within the registration of FIR which hasn't been explained through the complainant. Moreover, there is not any eye-witness of the alleged event as well as prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession in 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 these namely Ghulam Dastigir and Mohammad Akram occurred to become the real brothers of your deceased but they did not respond in any respect into the confessional statements with the petitioners and calmly observed 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 fourteen.02.2018 and there is no explanation concerning why her arrest wasn't effected after making from the alleged extra judicial confession. It's been held on so many events that extra judicial confession of an accused is actually a weak variety of evidence which might be manoeuvred because of the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is likewise 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 as to presence of some light on the place, where they allegedly saw the petitioners collectively over a motorcycle at 4.
The former means “guilty act” as well as latter means “guilty mind.” With the omission with the intention, the commission on the act on your own will not be sufficient to gain a conviction for that crime. This is often a basic principle that all legislation students are very well acquainted with.
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've been from the view that the claim with the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle will not be legally audio, besides promotion and seniority, not absolute rights, These are matter to rules and regulations In the event the recruitment rules of the topic post allow the case of your petitioners for promotion can be viewed as, however, we're crystal clear in our point of view that contractual service cannot be deemed for seniority and promotion as the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health and fitness, subject matter to availability of vacancy topic to your approval of the competent authority.
four. It goes without stating that observations made hereinabove are merely tentative in nature and strictly confined towards the disposal of quick bail petition.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the subject issue, we're of the view that the claim of the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle will not be legally audio, Moreover promotion and seniority, not absolute rights, These are subject matter to rules and regulations Should the recruitment rules of the subject post allow the case of the petitioners for promotion might be considered, however, we've been clear within our point of view that contractual service cannot be considered for seniority and promotion as being the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health, subject matter to availability of vacancy subject to the approval on the competent authority. Read more
Upholding Justice: The application with the law and the subsequent punishment on the guilty party provide a sense of closure and justice for the sufferer’s family and loved types.
thirteen. The Supreme Court has held that when the act of misconduct is proven and the employee is found guilty after owing process of regulation, it is the prerogative with the employer to decide the quantum of punishment, from the various penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness in the act of misconduct is not ample but the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful fashion. Read more
Knowledge from the accused is usually a matter to get inferred from the circumstances, for it being a state of mind, is quite challenging to become proved get more info otherwise.”
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
To invoke section three hundred and 302 just because death has occurred is the largest tragedy of all. It does the precise opposite of what a legal system is there to try and do, i.e. secure its citizens.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion is definitely the vested right of the civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for turning out to be entitled for being considered for promotion to a higher grade, of course, is not without logic as the officer who is initially inducted to a particular post needs to provide over the said post to gain experience to hold the next higher post and to provide the public inside of a befitting fashion.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.