Not known Factual Statements About how cases are handled that are not mentioned in law
Not known Factual Statements About how cases are handled that are not mentioned in law
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Courts prioritize fairness and copyright fundamental rights when respecting the autonomy of educational institutions. Over the aforesaid proposition, we've been guided via the decision from the Supreme Court in the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. 9. The aforesaid exceptions are lacking during the present case. In this sort of circumstances, this petition is found to get not maintainable which is dismissed accordingly with pending application (s). Read more
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence inside 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 your reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings over the evidence.
This Court may interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding achieved through the disciplinary authority is based on no evidence. In case the summary or finding is which include no reasonable person would have ever attained, the Court may well interfere with the conclusion or the finding and mildew the relief to make it correct to your facts of every 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-respect the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we've been fortified with the decision of your Supreme Court 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
maintaining the conviction awarded for the appellant reduce the sentence with the appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
The reported recovery may very well be used, with the most, for corroboration in 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 prevalence. The stated memo of pointation is irrelevant and inadmissible as practically nothing was discovered on account of these types of pointation. The place of event in addition to the place of throwing the dead body were already while in the knowledge of witnesses prior to their pointation because of the petitioners. Reliance is usually placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held because of here the august Supreme Court of Pakistan as under:
4. It goes without saying that observations made hereinabove are only tentative in nature and strictly confined towards the disposal of instant bail petition.
Where there are several members of the court deciding a case, there can be a single or more judgments given (or reported). Only the reason with the decision in the majority can represent a binding precedent, but all may very well be cited as persuasive, or their reasoning can be adopted in an argument.
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Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it necessitates legal transfer of title. Agreement to sell must be generated and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
This case continues to be cited in numerous subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, and the rule of regulation.
The DCFS social worker in charge of the boy’s case had the boy made a ward of DCFS, As well as in her 6-month report towards the court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
3. Rule of Regulation: The court reiterated the importance of upholding the rule of regulation and making sure that all institutions function within their constitutional mandates.
share or interest of a co-owner in immovable property might also sold to another co-owner/co-sharer or simply to an stranger and section forty four(Transfer of Property Act 1882)
115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits might be withheld on account in the allegations leveled against the petitioner, within our view, section 20 on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may very well be withheld or reduced. In some cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set via the government.