seventy seven . 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 from the Constitution based on 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 during the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
ninety three . 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 usually a perfectly-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 in the Stricto-Sensu, implement 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 on the charge, however, that is subject on the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to arrive at its independent findings about the evidence.
limitation of liability into the extent of the cap provided from click here the registered mortgage deed(Banking Legislation)
Normally, the burden rests with litigants to appeal rulings (including those in clear violation of founded case legislation) for the higher courts. If a judge acts against precedent, and also the case is just not appealed, the decision will stand.
three. I have read the realized counsel for the parties and have gone through the record of this case with their in a position assistance.
Section 302 of your PPC deals with one of many most significant offenses in criminal regulation: murder. In this blog site post, we will delve into the provisions of Section 302, check out the punishment it entails, and assess some notable case laws related to this particular section.
The ruling in the first court created case law that must be accompanied by other courts until finally or Unless of course both new regulation is created, or even a higher court rules differently.
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to stick to.
department concerned shall present the complete set of ACRs with the concerned officer to DPC well in advance cases for promotin(Promotion)
This case has long been cited in a lot of subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, and also the rule of regulation.
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؟
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؟
Persuasive Authority – Prior court rulings that could be consulted in deciding a current case. It might be used to guide the court, but is just not binding precedent.
14. While in the light from the position explained previously mentioned, it truly is concluded that a civil servant incorporates a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Read more