5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
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77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 in the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
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 usually a properly-set up 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 reach 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 in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject into the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to reach at its independent findings to the evidence.
This Court might 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 rules prescribing the manner of inquiry or where the summary or finding attained because of the disciplinary authority is based on no evidence. If the conclusion or finding is such as no reasonable person would have ever attained, the Court could interfere with the summary or the finding and mildew the relief to really make it suitable for the 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-appreciate the evidence or the nature of punishment. To the aforesaid proposition, we've been fortified by the decision in the Supreme Court inside 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(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Information on accessing opinions and case-related documents for your Supreme Court in the United States is offered about the court’s website.
The Pakistan Penal Code (PPC) is a comprehensive bit of legislation that defines several criminal offenses and prescribes corresponding punishments for all those found guilty.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, It is usually a effectively-established proposition of legislation 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 in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter into the procedure provided under the relevant rules rather than otherwise, for the 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 about the evidence.
In this case, the Supreme Court of Pakistan upheld the death penalty for the accused who intentionally murdered the sufferer.
The court cannot listen to the transfer order challenge mainly 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 retaining in view that one of several respondents has retired from service as pointed out by the counsel for that respondent university. 12. The petition and applications pending therein stand dismissed with no order as to costs. Read more
The prosecution presented substantial evidence, together with eyewitness testimonies and expert forensic analysis, confirming the copyright nature of your seized currency.
When numerous websites offer free case regulation, not all are equally reliable. It’s vital To judge the credibility in the source before relying on the information.
Apart from the rules of procedure for precedent, the load presented to any reported judgment may well rely on the reputation of both the reporter along with the judges.[7]
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling to the same variety of case.
147 . Const. P. website 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay back fixation aren't entertainable for the reasons that these types of matters are typically handled by administrative or service tribunals, as well as legal grounds for this petition are insufficient therefore this petition is dismissed, which includes disputed claims and counterclaims on the topic post, therefore this court is just not within a position to dilate upon these disputes in constitutional jurisdiction. Read more
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