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................
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, Additionally it is a properly-recognized 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 inside the Stricto-Sensu, utilize 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 of your charge, however, that is issue to your procedure provided under the relevant rules instead of otherwise, for that 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 around the evidence.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. In case the summary or finding is including no reasonable person would have ever reached, the Court may possibly interfere with the summary or even the finding and mold the relief to really make it appropriate on the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or the nature of punishment. On the aforesaid proposition, we have been fortified through the decision from the Supreme Court inside the case more info of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
maintaining the conviction awarded on the appellant reduce the sentence in the appellant from imprisonment for life to one already undergone(Pakistan Penal Code)
It is now very well-settled that considerations for pre-arrest and post-arrest bail are entirely different, therefore, inside our view the uncovered Judge had fallen in error to cancel the bail allowed to petitioner because of the same Additional Sessions Judge.”
The ICAP Staff Service Rules, 2011 were framed through the respondent/Institute, these rules might not have the operates within a clear legal and regulatory framework with the respondent/Institute. 14. In view of what continues to be discussed over, without touching the merits on the case, the preliminary objection regarding the maintainability from the petition is sustained as well as petition is held being not maintainable in terms of Article 199 with the Constitution to the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of your judgment passed by the Supreme Court during the case of Pakistan Electric Power Company supra. Read more
Let’s give attention to what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.
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................
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VI) The petitioner is behind the bars since arrest, investigation on the case is complete, he is not any more needed for that purpose of investigation and at this stage to help keep him at the rear of the bars before conclusion of trial will serve no practical purpose.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and balance. It demonstrates the commitment of your state to protect its citizens and copyright the rule of law.
Article 199 of the Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It truly is very well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The latest amendment to this section signifies the legislature’s dedication to maximizing the effectiveness from the regulation in tackling contemporary challenges related to counterfeiting.
14. Inside the light in the position explained over, it's concluded that a civil servant features a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his own 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 while in the form of inquiry and departmental action was so taken against his right of promotion. Read more