The Basic Principles Of what is the purpose of case law
The Basic Principles Of what is the purpose of case law
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“There is not any ocular evidence to show that Muhammad Abbas was murdered by any with the present petitioners. Mere fact that Noor Muhammad and Muhammad Din noticed firstly the deceased and after far they saw the petitioners going towards the same direction, did not signify that the petitioners were chasing the deceased or were accompanying him. Such evidence cannot be treated as evidence of final viewed.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It is additionally a nicely-established 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 the fact or evidence during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is issue to the procedure provided under the relevant rules and not otherwise, to the 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 reach at its independent findings about the evidence.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not use, since the criminal Court has not convicted the petitioner, rather he continues to be acquitted in the criminal charges based on evidence and it is actually perfectly-settled regulation that once the civil servant is acquitted in the criminal case, then on this really charge he cannot be awarded in almost any punishment via the department and held him disqualified with the post because acquittal for all long run purposes. The aforesaid proposition has become set at naught by the Supreme Court of Pakistan from the case on the District Police Officer Mainwali and a couple of others v.
12. There is not any denial from the fact that in Government service it is expected that the persons acquiring their character over board, free from any moral stigma, are to get inducted. Verification of character and antecedents is a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to carry out away with the candidature on the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 133 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
Subscription access exclusively for organizations/businesses (SCC ID expected) to criminal case information in participating Circuit Courts for your purpose of confirming of the individual’s date of birth.
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal help might be high priced and tricky to attain.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the topic issue, we're of your view that the claim in the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is just not legally seem, Apart from promotion and seniority, not absolute rights, They may be issue to rules and regulations In the event the recruitment rules of the topic post allow the case on the petitioners for promotion might be regarded as, however, we are clear in our point of view that contractual service cannot be viewed as for seniority and promotion as the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, topic to availability of vacancy subject matter into the approval in the competent authority. Read more
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 holding in view that one of many respondents has retired from service as pointed out via the counsel to the respondent university. twelve. The petition and applications pending therein stand dismissed with no order regarding costs. Read more
The legislation as set up in previous court rulings; like common law, which springs from judicial decisions and tradition.
Although many websites offer free case legislation, not all are equally reliable. It’s important To guage the credibility from the source before relying on the information.
The death click here penalty, also known as capital punishment, will be the most severe form of punishment for murder under Section 302. It requires the execution with the convicted person like a consequence of their crime.
The case of *R v. Ahmed* exemplifies the practical application of this amendment and its prospective to secure economic interests and maintain the integrity on the national currency. As legal practitioners and citizens, an extensive grasp of such changes is significant for upholding the principles of justice and contributing to a sturdy legal system.
A coalition of residents sent a letter of petition to your Supreme Court to challenge the Water and Power Advancement Authority’s (WAPDA) construction of the electricity grid station in their neighborhood, on designated “green belt” property. The Court heard the matter like a human rights case, as Article 184 (three) from the Pakistan Constitution presents authentic jurisdiction on the Supreme Court to take up and determine any matter concerning the enforcement of fundamental rights of public importance.
competent authority has determined the eligibility on the private respondents and found them to get match for promotion. CP dismissed(Promotion)