The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
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refers to the landmark case decided by the Supreme Court of Pakistan in 2012. In this article’s a brief overview:
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the 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, utilize 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 on the charge, however, that is subject towards the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.
Therefore, this petition is found to become not maintainable and it is dismissed along with the pending application(s), plus the petitioners may possibly request remedies through the civil court process as discussed supra. Read more
Though there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds small sway. Still, if there isn't any precedent from the home state, relevant case law from another state may be considered by the court.
long period petitioner wasn't viewed as for promotion, meeting on the departmental promotion committee and think about the petitioner (Promotion)
82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of your Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Following the decision, NESPAK, as directed, conducted an assessment with the grid project and submitted that enough mitigation measures were in place to render any probable adverse impacts negligible. Based on this, the grid station was permitted to be constructed.
6. Mere involvement in the heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled with the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, considering that then he is guiding the bars, he is previous non-convict, never involved in almost any case, investigation qua him is complete, his person is no more expected for further investigation, therefore, his steady incarceration would not provide any advantageous purpose at this stage.
Section 302 from the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be matter on the most severe form of punishment permissible under Pakistani legislation.
All bankruptcy courts have a telephone get more info information system, also known as the Voice Case Information System, that enables callers to get simple case information through a touchtone phone. This is free to implement and out there 24 several hours every day.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and security. It demonstrates the commitment of your state to protect its citizens and copyright the rule of law.
Generally speaking, higher courts will not have direct oversight over the reduced courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments in the decreased courts.
In order to preserve a uniform enforcement of your laws, the legal system adheres towards the doctrine of stare decisis
Whilst the death penalty is irreversible, life imprisonment allows for your possibility of reconsideration or commutation in the sentence in certain circumstances.