Top Guidelines Of copy of case law judgments in 2013
Top Guidelines Of copy of case law judgments in 2013
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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 of your Constitution based within 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 within the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, it is also a effectively-proven proposition of legislation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject on the procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings to the evidence.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding achieved via the disciplinary authority is based on no evidence. When the conclusion or finding is including no reasonable person would have ever arrived at, the Court may interfere with the conclusion or the finding and mold the relief to make it correct into the facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or maybe the nature of punishment. On the aforesaid proposition, we are fortified because of the decision on the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
competent authority and when any appeal lawful object case law or representation is filed the same shall be decided(Promotion)
long period petitioner wasn't considered for promotion, meeting of the departmental promotion committee and think about the petitioner (Promotion)
This is because transfer orders are typically regarded within the administrative discretion of the employer. However, there could possibly be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the right forum. Read more
The reason for this difference is that these civil legislation jurisdictions adhere to some tradition that the reader should be able to deduce the logic from the decision and the statutes.[four]
In any society, the enforcement of legislation and order is essential to maintain peace and protect its citizens. One of several most really serious crimes that can disrupt this harmony is murder. In Pakistan, Section 302 with the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is very important to be certain justice prevails.
On June sixteen, 1999, a lawsuit was filed on behalf with the boy by a guardian advertisement litem, against DCFS, the social worker, and also the therapist. A similar lawsuit was also filed on behalf from the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court for your dismissal based on absolute immunity, as they were all acting in their Positions with DCFS.
In simple terms, the section states that any person who commits intentional murder shall be subjected into the death penalty or life imprisonment, along with a possible fine.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses such as self-defense, insanity, or accidental killing, which might lead to reduced charges or acquittal.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same type of case.
However, it’s essential to note that the application of your death penalty is subject matter to several legal safeguards and owing process to be certain fair trials.
Pakistan’s legal system is not really without flaws: overhauling is overdue and the regulation regarding murder necessitates serious reconsideration and clarification. For the time being, the least that can be done is to make sure that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.