A Review Of case laws on bail
A Review Of case laws on bail
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refers to your landmark case decided via 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 to the main case, It is additionally a perfectly-recognized 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 reach 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 inside the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is matter 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 work as appellate authority to re-recognize the evidence and to reach at its independent findings around the evidence.
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The former means “guilty act” and the latter means “guilty mind.” With the omission on the intention, the commission of your act on your own is just not sufficient to gain a conviction for that crime. This is really a fundamental principle that all regulation students are well acquainted with.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the topic issue, we're from the view that the claim of your petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is not legally seem, Aside from promotion and seniority, not absolute rights, They are really topic to rules and regulations Should the recruitment rules of the subject post permit the case of your petitioners for promotion may be deemed, however, we have been clear in our point of view that contractual service cannot be regarded for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Conditioning, topic to availability of vacancy matter to your approval of the competent authority.
This Court might interfere where the authority held the proceedings against the delinquent officer in the fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding reached through the disciplinary authority is based on no evidence. Should the summary or finding is such as no reasonable person would have ever attained, the Court may interfere with the conclusion or even the finding and mould the relief to make it proper on the 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-appreciate the evidence or perhaps the nature of punishment. To the aforesaid proposition, we are fortified by the decision of your Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually effectively-settled that while thinking of the case of normal promotion of civil servants, the competent authority needs to look at the benefit of every one of the qualified candidates and after thanks deliberations, to grant promotion to these suitable candidates who are found to get most meritorious among them. Since the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was overlooked by the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy on the part from the respondent department.
There are a great number of occasions where death was never meant – even more where All those nominated within the FIR were not present when the injury or death occurred. more info The death of a human being is actually a tragic event. Though the death of any living being is no less a tragic event.
department concerned shall offer the complete set of ACRs on the concerned officer to DPC properly in advance cases for promotin(Promotion)
Justia – a comprehensive resource for federal and state statutory laws, and case law at both the federal and state levels.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses such as self-defense, insanity, or accidental killing, which may result in reduced charges or acquittal.
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In order to preserve a uniform enforcement on the laws, the legal system adheres on the doctrine of stare decisis
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