However, in an effort to strike a balance between the rights of citizens plus the plans that are executed from the authorities to the welfare, economic progress and prosperity on the place, the Court did not generate a definitive ruling to the pending construction of your grid station, but, with the consent of both parties, ordered a review and report of grid project with the National Engineering Services of Pakistan (NESPAK) to counsel alterations and location alternatives.
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 nicely-set up proposition of law 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings on the evidence.
Therefore, this petition is found being not maintainable and is dismissed along with the pending application(s), as well as petitioners may perhaps search for remedies through the civil court process as discussed supra. Read more
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
The Pakistan Penal Code (PPC) is an extensive piece of legislation that defines different criminal offenses and prescribes corresponding punishments for those found guilty.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory more info rules prescribing the manner of inquiry or where the conclusion or finding reached through the disciplinary authority is based on no evidence. If your summary or finding is for instance no reasonable person would have ever arrived at, the Court may interfere with the summary or maybe the finding and mould the relief to really make it acceptable to the facts of each case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we have been fortified through the decision with the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
If a target is shot at point-blank assortment, it may still be fair to infer that the accused meant death. However, that isn't always the case.
The court cannot listen to the transfer order challenge as it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders retaining in view that one of the respondents has retired from service as pointed out by the counsel to the respondent university. 12. The petition and applications pending therein stand dismissed with no order concerning costs. Read more
In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Even though the few had two youthful children of their own at home, the social worker didn't notify them about the boy’s history of both being abused, and abusing other children. When she made her report on the court the following day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the few experienced younger children.
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Alternative Punishment: In some cases, the court may perhaps have the discretion to award life imprisonment being an alternative into the death penalty. Life imprisonment entails the offender spending the remainder of their life powering bars without the possibility of parole or early release.
The case of *R v. Ahmed* exemplifies the practical application of this amendment and its likely to safe economic interests and maintain the integrity of your national currency. As legal practitioners and citizens, a comprehensive grasp of these changes is important for upholding the principles of justice and contributing to a strong legal system.
13309-B of 2010 for being weak types of evidence and also the evidentiary value whereof would be seen at the time in the trial. The investigation of this case has already been finalized and, thus, confirmed custody from the petitioner in jail is unlikely to serve any advantageous purpose at this stage.”
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary into the determination on the current case are called obiter dicta, which represent persuasive authority but are usually not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[4]