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ninety three . 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 usually a properly-proven proposition of regulation 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 a fact or evidence during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject on the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to arrive at its independent findings about the evidence.
Intentional Murder: The key factor of Section 302 PPC is the prerequisite of intention. It indicates that the offender must have the intention to cause the death in the sufferer. Intent could possibly be premeditated or can be formed in the intervening time from the crime.
Rulings by courts of “lateral jurisdiction” usually are not binding, but can be used as persuasive authority, which is to provide substance for the party’s argument, or to guide the present court.
The stated recovery could possibly be used, with the most, for corroboration of the main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of event. The claimed memo of pointation is irrelevant and inadmissible as absolutely nothing was discovered as a result of these pointation. The place of prevalence and also the place of throwing the dead body were already during the knowledge of witnesses prior to their pointation with the petitioners. Reliance is also placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held via the august Supreme Court of Pakistan as under:
82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 on the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
Retribution: Section 302 PPC click here also serves the purpose of retribution, where society seeks justice with the loss of a life. It allows the legal system to impose a proportional punishment to the offender, guaranteeing They can be held accountable for their actions.
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thirteen. The Supreme Court has held that as soon as the act of misconduct is proven and the employee is found guilty after owing process of regulation, it is the prerogative on the employer to decide the quantum of punishment, away from the various penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness on the act of misconduct just isn't sufficient though the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful fashion. Read more
When the petitioner is just present in the place of prevalence without causing any injury to your deceased or PWs then in these kinds of circumstances, whether He's vicariously liable shall be decided because of the uncovered trial Court after recording on the evidence.
Hence, it absolutely was held that the right to a healthy environment was part from the fundamental right to life and right to dignity, under Article 9 and fourteen from the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all these kinds of amenities and services that a person is entitled to appreciate with dignity, legally and constitutionally.
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؟
Because of this, basically citing the case is more more likely to annoy a judge than help the party’s case. Think of it as calling somebody to tell them you’ve found their dropped phone, then telling them you live in these types of-and-this kind of neighborhood, without actually giving them an address. Driving throughout the neighborhood attempting to find their phone is likely to get more frustrating than it’s value.
Finding reliable free case regulation sites might be challenging. Several websites require subscriptions or offer limited information. This article helps you navigate the landscape of free case regulation resources in Pakistan, delivering you with a curated list of reliable and accessible platforms.