A Secret Weapon For difference between executive and non executive directors case laws

A Secret Weapon For difference between executive and non executive directors case laws

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III)     In the version of the father of deceased namely Muhammad Iqbal (complainant of second Variation) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed to your petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.

14. During the light in the position explained previously mentioned, it's concluded that a civil servant has a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal has not challenged(Criminal Jail Appeal )

Section 302 on the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to act as a deterrent and copyright the value of human life. The application of the death penalty or life imprisonment depends within the specifics of each case, including any extenuating circumstances or mitigating factors.

The reported recovery could possibly be used, within the most, for corroboration of your main evidence, but by itself it cannot become a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of occurrence. The mentioned memo of pointation is irrelevant and inadmissible as nothing at all was discovered because of this kind of pointation. The place of incidence as well as the place of throwing the dead body were already from the knowledge of witnesses ahead of their pointation via the petitioners. Reliance can be placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held with the august Supreme Court of Pakistan as under:

In this site post, we will delve into the details of Section 302 PPC, Checking out its provisions as well as the gravity of its punishment.

only on the ground of miscases remanded & only about the ground of misreading of evidence only within the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)

Any court could find to distinguish the present case from that of the binding precedent, to succeed in a different summary. The validity of this type of distinction may or may not be accepted on appeal of that judgment to your higher court.

13. The Supreme Court has held that the moment the act of misconduct is set up as well as the employee is found guilty after due process of regulation, it's the prerogative in the employer to decide the quantum of punishment, out of the different penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness of the act of misconduct will not be enough even so the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful fashion. Read more

VI)     The petitioner is guiding the bars since arrest, investigation of your case is complete, he is not any more essential to the purpose of investigation and at this stage to keep him behind the bars before summary of trial will serve no useful purpose.

 Criminal cases Inside the common regulation tradition, courts decide the law applicable into here a case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Compared with most civil legislation systems, common regulation systems follow the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all lower courts should make decisions dependable with the previous decisions of higher courts.

Generally speaking, higher courts never have direct oversight over the reduced courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments of the lower courts.

In case the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't had a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only carried out When the employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to steer evidence as well as the petitioner company responded towards the allegations as such they were effectively aware about the allegations and led the evidence as a result this point is ofno use to get looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp

Additionally it is important to note that granting of seniority to the civil servant without the actual length of service nearly violates all the service framework like a civil servant inducted in Quality seventeen by claiming this sort of benefit without any experience be directly posted in almost any higher quality, which is neither the intention in the legislation nor on the equity. Read more