Malpractice during examination
Malpractice during examination legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Punjab Universities and Boards of Intermediate and Secondary Education Malpractices Act (XXXII of 1950), S.4 (as amended)
Pre-arrest bail, confirmation of
Malpractice during examination
Allegation against accused (student) was that another person was found sitting for him in the annual examination
Contentions of accused were that he was not apprehended from the spot; that he had already been charged as "Unfair Means Case (UMC)"; that future career of accused had to be taken into account; that co-accused had already been granted bail, and that no incriminating material was available against the accused to connect him with the alleged offence
Validity
Although S.4 of Punjab Universities and Boards of Intermediate and Secondary Education Malpractices Act, 1950 (as amended), was non-bailable but said section did not fall within the prohibitory clause of S.497, Cr.P.C.
Police and authorities instead of controlling such malpractices through procedural efficiency, had registered a criminal case to show the public at large that they were working hard to check cases of malpractice; had the staff been efficient, there should not have been any instance of the commission of such an offence
Co-accused had already been granted bail
Bail petition of accused was accepted keeping in view his career at his present age, and pre-arrest bail already granted to him was confirmed.
"Malpractice during examination", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124937059
Precedents & Case Laws citing "Malpractice during examination"
2012 P Cr
MUHAMMAD BOOTA — Petitioner Versus THE STATE and others — Respondents
Court: LahoreP L D 1984 Lahore 103
Ch. ABDUL QADIR‑Appellants Versus THE ELECTION TRIBUNAL AND 3 OTHERS‑Respondents
Court: S. 13‑Provisional Constitution Order (1 of 19811, Art. 9‑Interim injunction ‑ Allegations regarding malpractices, corrupt practices and violation of Election Rules cannot be established without production of evidence‑Assertion that record should have been examined before disposing of application for interim injunction, amounts to conceding fact that recording of evidence was necessary. Held, it cannot be urged in circumstances that petitioner was able to make out a prima facie case.‑Injunction.1993 M L D 26
SHABBIR HUSSAIN and others‑‑‑Petitioners Versus CHAIRMAN, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, DERA GHAZI KHAN and others‑‑‑Respondents
Court: Lahore1986 S C M R 1526
THE CONTROLLER OF EXAMINATIONS, UNIVERSI1Y OF THE PUNJAB, LAHORE and 3 others — Petitioners Versus SHAMIM AKBAR — Respondent
Court: High Court1985 S C M R 960
Haji ATTA MUHAMMAD‑‑Petitioner, Versus Malik SHABBIR AHMAD KHAN and another‑‑Respondents
Court: High Court1993 S C M R1781
M. ISMAIL QURESHI and others‑‑‑Appellants Versus M. AWAIS QASIM, SECRETARY, GENERAL, ISLAMI JAMIAT TULBA, PAK and 3 others‑‑‑Respondents
Court: Supreme Court of Pakistan2004 P L C (C
COMMISSIONER, PUNJAB EMPLOYEES SOCIAL SECURITY INSTITUTION Versus Dr. JAMAL BUTT and 3 others
Court: Supreme Court of Pakistan2004 S C M R 186
COMMISSIONER, PUNJAB EMPLOYEES SOCIAL SECURITY INSTITUTION — Petitioner Versus JAMAL BUTT and 3 others — Respondents
Court: Supreme Court of Pakistan2021 P L C (C
ALI SHAN GHORI Versus HONOURABLE CHIEF JUSTICE OF SINDH HIGH COURT, KARACHI through Registrar and another
Court: Sindh Subordinate Judiciary Service Tribunal2011 P T D 1429
MUHAMMAD JAMEEL and others Versus SECRETARY, REVENUE DIVISION, ISLAMABAD
Court: Federal Tax Ombudsman