Examine This Report on case law on section 395 ppc convictions
Examine This Report on case law on section 395 ppc convictions
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refers to a landmark case decided through the Supreme Court of Pakistan in 2012. In this article’s a brief overview:
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It is additionally a effectively-proven 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, use 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 in the charge, however, that is issue to the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings over the evidence.
The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal hasn't challenged(Criminal Jail Appeal )
Statutory laws are These created by legislative bodies, including Congress at both the federal and state levels. Although this variety of law strives to condition our society, giving rules and guidelines, it would be difficult for any legislative body to anticipate all situations and legal issues.
Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as combined systems of law.
This Court could interfere where the authority held the proceedings against the delinquent officer inside of a way 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 because of the disciplinary authority is based on no evidence. In the event the summary or finding is like no reasonable person would have ever reached, the Court might interfere with the conclusion or perhaps the finding and mould the relief to make it proper to your facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we are fortified with the decision in the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Petitioner obtaining been declared an absconder in this case for over a single plus a fifty percent year generates the apprehension that the petitioner may avoid standing trial and hence delay the prosecution of your case. The material on record makes the case on the petitioner falls under two exceptions to the rule of grant of bail as mentioned earlier mentioned.
The court cannot listen to the transfer order challenge because 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 keeping in view that on the list of respondents has retired from service as pointed out through the counsel with the respondent university. 12. The petition and applications pending therein stand dismissed with no order regarding costs. Read more
In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Even though the couple experienced two younger children of their own at home, the social worker didn't click here notify them about the boy’s history of both being abused, and abusing other children. When she made her report into the court the following day, the worker reported the boy’s placement while in the Roe’s home, but didn’t mention that the few experienced youthful children.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station resulting from prospective health risks and hazards.
this Court is remaining with no option but to direct the respondents to notify the promotion of the petitioner in next rank .(Promotion)
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is nicely established now that the provision for proforma promotion just isn't alien or unfamiliar on the civil servant service construction however it is already embedded in Fundamental Rule 17, wherein it's lucidly enumerated that the appointing authority might if satisfied that a civil servant who was entitled being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service towards the Federation/ province within the higher post, direct that such civil servant shall be paid the arrears of pay back and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Though the death penalty is irreversible, life imprisonment allows for the possibility of reconsideration or commutation from the sentence in certain circumstances.