لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, Additionally it is a effectively-set up 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is issue on the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings on the evidence.
When the state court hearing the case reviews the law, he finds that, though it mentions large multi-tenant properties in a few context, it is actually rather obscure about whether the ninety-day provision relates to all landlords. The judge, based within the specific circumstances of Stacy’s case, decides that all landlords are held towards the ninety-day notice requirement, and rules in Stacy’s favor.
competent authority and if any appeal or representation is filed the same shall be decided(Promotion)
The stated recovery could possibly be used, with the most, for corroboration on 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 occurrence. The said memo of pointation is irrelevant and inadmissible as nothing was discovered as a result of such pointation. The place of occurrence in addition to the place of throwing the dead body were already while in the knowledge of witnesses previous to their pointation from the petitioners. Reliance is additionally placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held through the august Supreme Court of Pakistan as under:
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 for the main case, It is usually a nicely-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 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 from the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter for the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to reach at its independent findings on the evidence.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the subject issue, we are of your view that the claim on the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle is just not legally audio, Moreover promotion and seniority, not absolute rights, They can be subject matter to rules and regulations In case the recruitment rules of the subject post permit the case in the petitioners for promotion might be considered, however, we've been obvious within our point of view that contractual service cannot be regarded as for seniority and promotion as the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, topic to availability of vacancy matter on the approval on the competent authority. Read more
There are many circumstances where death was never supposed – even more where Those people nominated during the FIR were not present when the injury or death occurred. The death of the human being is actually a tragic event. However the death of any living being isn't any a lot less a tragic event.
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it demands legal transfer of check here title. Agreement to sell must be developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station on account of prospective health risks and hazards.
Criminal cases In the common law tradition, courts decide the law applicable to the case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Unlike most civil law systems, common law systems Adhere to the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions constant with the previous decisions of higher courts.
Article 199 in the Constitution allows High Court intervention only when "no other sufficient remedy is provided by legislation." It's nicely-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
A coalition of residents sent a letter of petition into the Supreme Court to challenge the Water and Power Growth Authority’s (WAPDA) construction of an electricity grid station in their neighborhood, on designated “green belt” property. The Court listened to the matter as a human rights case, as Article 184 (three) from the Pakistan Constitution gives unique jurisdiction on the Supreme Court to consider up and determine any matter concerning the enforcement of fundamental rights of public importance.
competent authority has determined the eligibility of your private respondents and found them for being in good shape for promotion. CP dismissed(Promotion)