In addition to the primary punishment, the court might also impose a fine around the offender. The fine’s amount is for the discretion with the court and is intended to function an additional deterrent.
The mentioned case laws offer insights into how the courts interpret and use Section 302, emphasizing the importance of the fair and just legal system. It truly is vital for society to understand the gravity of this offense plus the need for stringent punishment to prevent probable offenders and ensure justice for that victims and their family members.
four. Record shows that the petitioner is booked in as much as 8 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. Regardless that the petitioner has obtained bail in These cases, it does, prima facie, establish that the petitioner is prone to repeating the offence.
Ordinarily, the burden rests with litigants to appeal rulings (which include Individuals in very clear violation of founded case law) to your higher courts. If a judge acts against precedent, along with the case is just not appealed, the decision will stand.
criminal revision application is dismissed. reduced into the period of his detention in jail he has already undergone(Criminal Revision )
four. It goes without indicating that observations made hereinabove are only tentative in nature and strictly confined on the disposal of instantaneous bail petition.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the topic issue, we've been in the view that the claim from the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is just not legally sound, Other than promotion and seniority, not absolute rights, They can be topic to rules and regulations In the event the recruitment rules of the subject post permit the case of the petitioners for promotion can be regarded, however, we're apparent within our point of view that contractual service cannot be regarded as for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Conditioning, topic to availability of vacancy subject matter towards the approval with the competent authority. Read more
Binding Precedent – A rule or principle set up by a court, which other courts are obligated to observe.
thirteen. The Supreme Court has more info held that as soon as the act of misconduct is founded plus the employee is found guilty after thanks process of legislation, it's the prerogative on the employer to decide the quantum of punishment, from the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness from the act of misconduct is not really adequate even so the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful method. Read more
When the petitioner is simply present within the place of occurrence without causing any injury to your deceased or PWs then in this sort of circumstances, whether He's vicariously liable shall be decided by the realized trial Court after recording of the evidence.
In the event the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not experienced a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only performed If your 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 lead evidence and also the petitioner company responded to your allegations as a result they were well conscious of the allegations and led the evidence as such this point is ofno use to be seemed into in constitutional jurisdiction at this stage. Read more
three. Rule of Regulation: The court reiterated the importance of upholding the rule of regulation and guaranteeing that all institutions function within their constitutional mandates.
In order to preserve a uniform enforcement of your laws, the legal system adheres to the doctrine of stare decisis
The residents argued that the high-voltage grid station would pose a health risk and probable hazard to local residents. Eventually, the court determined the scientific evidence inconclusive, whilst observing the general pattern supports that electromagnetic fields have adverse effects on human health. The Court accepted the petitioner’s argument that it should adopt the precautionary principle set out during the 1992 Rio Declaration over the Environment and Progress, the first international instrument that linked environment protection with human rights, whereby the lack of full scientific certainty should not be used like a reason to prevent environmental degradation.