The case laws on temporary resicence ordinance 2015 Diaries
The case laws on temporary resicence ordinance 2015 Diaries
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III) In the version in the father of deceased namely Muhammad Iqbal (complainant of second Model) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed into the petitioner and others was simple presence with aerial firing without any injury to deceased or PWs.
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 also 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 a fact or evidence inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter into the procedure provided under the relevant rules instead of otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to reach at its independent findings to the evidence.
four. It has been noticed by this Court that there is usually a delay of someday inside the registration of FIR which has not been explained with the complainant. Moreover, there isn't any eye-witness on the alleged prevalence as well as prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has become tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram happened being the real brothers with the deceased but they didn't react in the slightest degree into the confessional statements of the petitioners and calmly noticed them leaving, a person after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation regarding why her arrest wasn't effected after making on the alleged extra judicial confession. It has been held on a great number of events that extra judicial confession of an accused is often a weak sort of evidence which might be manoeuvred with the prosecution in almost any case where direct connecting evidence does not come their way. The prosecution is also counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word concerning existence of some light on the place, where they allegedly observed the petitioners together on a motorcycle at 4.
Information on accessing opinions and case-related documents for your Supreme Court in the United States is out there to the court’s website.
The reported recovery may very well be used, for the most, for corroboration of 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 incidence. The claimed memo of pointation is irrelevant and inadmissible as very little was discovered on account of these kinds of pointation. The place of incidence plus the place of throwing the dead body were already inside the knowledge of witnesses previous to their pointation with the petitioners. Reliance can also be placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein here it's been held with the august Supreme Court of Pakistan as under:
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13. The Supreme Court has held that once the act of misconduct is set up plus the employee is found guilty after owing process of law, it's the prerogative of your employer to decide the quantum of punishment, away from the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness from the act of misconduct is not really satisfactory however the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful method. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Supplied the legal analysis on the topic issue, we are with the view that the claim of the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle will not be legally sound, Moreover promotion and seniority, not absolute rights, They can be issue to rules and regulations In case the recruitment rules of the topic post permit the case with the petitioners for promotion could be regarded as, however, we have been distinct inside our point of view that contractual service cannot be considered for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy issue to the approval in the competent authority.
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؟
, 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 around the same type of case.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to your healthy environment. This decision is particularly significant as there are not any specific provisions in the Pakistani Constitution regarding environmental protection. In relation to environmental law in Pakistan, it truly is important that the case recognized the application of your precautionary principle where there is a danger to environmental rights, and emphasized the positive obligations from the State in protecting the right to the clean and healthy environment.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to your determination on the current case are called obiter dicta, which represent persuasive authority but aren't technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]