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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The court emphasised that in cases of intentional murder, the gravity of the offense demands the most stringent punishment, thinking about the sanctity of human life and deterrence for potential offenders.
four. Record shows that the petitioner has been 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. Despite the fact that the petitioner has obtained bail in These cases, it does, prima facie, establish that the petitioner is liable to repeating the offence.
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R.O, Office, Gujranwala along with the police officials didn't inform him that the identification parade of your accused hasn't been conducted still. In the moment case, now the accused tried to consider advantage of the program aired by SAMAA News, wherein the picture of the petitioner was widely circulated. The police should not have uncovered the identity on the accused through electronic media. The regulation lends assurance to your accused that the identity should not be exposed to the witnesses, particularly for your witness to recognize the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and made shots. In addition to, the images shown over the media expose that a mask was not placed over the accused to cover his identity until he was put up for an identification parade. Making photographs from the accused publically, either by showing the same for the witness or by publicizing the same in any newspaper or method, would create doubt while in the proceedings with the identification parade. The Investigating Officer has to be sure that there isn't any prospect for your witness to see the accused before going into the identification parade. The accused should not be shown into the witness in person or through any other manner, i.e., photograph, video-graph, or even the push or electronic media. Presented the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved from the disciplinary authority is based on no evidence. Should the summary or finding is such as no reasonable person would have ever reached, the Court might interfere with the conclusion or perhaps the finding and mold the relief to make it acceptable to your facts of every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or maybe the nature of punishment. About the aforesaid proposition, we've been fortified because of the decision of your Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed a notice and comment restriction on government organizations in regards to projects that could most likely pose a public risk. This case is additionally noteworthy, “because it laid down the foundations of all upcoming public interest litigation introduced before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found within the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is often a right to life itself.
The appellant should have remained vigilant and raised his challenge for the Judgment within time. Read more
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[three] For example, in England, the High Court plus the Court of Appeals are Every single bound by their own previous decisions, however, Considering that the Practice Statement 1966 the Supreme Court on the United Kingdom can deviate from its earlier decisions, Even though in practice it rarely does. A notable example of when the court has overturned its precedent is definitely the case of R v Jogee, where the Supreme Court on the United Kingdom ruled that it and the other courts of England and Wales had misapplied the legislation for approximately thirty years.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right into a healthy environment. This decision is particularly significant as there aren't any specific provisions in the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it can be important that here the case set up the application in the precautionary principle where there is actually a menace to environmental rights, and emphasized the positive obligations with the State in protecting the right to your clean and healthy environment.
It is also important to note that granting of seniority to some civil servant without the actual size of service just about violates your complete service structure like a civil servant inducted in Grade seventeen by claiming these benefit without any experience be directly posted in almost any higher grade, which is neither the intention on the legislation nor with the equity. Read more