wasif twm case law Fundamentals Explained
wasif twm case law Fundamentals Explained
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77 . 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 in the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It is additionally a effectively-established proposition of legislation 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 within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter to 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 reach at its independent findings on the evidence.
Therefore, this petition is found being not maintainable and is dismissed along with the pending application(s), and also the petitioners could seek out remedies through the civil court process as discussed supra. Read more
Some bodies are offered statutory powers to issue guidance with persuasive authority or similar statutory effect, such as the Highway Code.
extensive period petitioner wasn't considered for promotion, meeting of the departmental promotion committee and take into account the petitioner (Promotion)
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؟
The reason for this difference is that these civil regulation jurisdictions adhere to a tradition more info that the reader should manage to deduce the logic from the decision plus the statutes.[four]
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to comply with.
The legislation as recognized in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
Knowledge of the accused is actually a matter being inferred from the circumstances, for it being a state of mind, is quite challenging to be proved otherwise.”
one. Judicial Independence: The court emphasized the importance of judicial independence as well as separation of powers.
The latest amendment to this section signifies the legislature’s dedication to improving the effectiveness with the legislation in tackling contemporary challenges related to counterfeiting.
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are thoroughly different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held via the august Supreme Court of Pakistan as under:--