New Step by Step Map For speaker production order jurisdiction case law in india

New Step by Step Map For speaker production order jurisdiction case law in india

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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 moment Petition under Article 199 of the Constitution based on 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 from the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.

ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It is additionally a perfectly-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 achieve 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 while in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is matter for the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings on the evidence.

These platforms empower individuals to understand their legal rights and obligations, selling a more informed and just society.

Deterrence: The dread of severe penalties, like capital punishment, is meant to deter potential criminals from committing murder. This deterrent effect is very important in reducing the incidence of intentional killings.

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................

The ICAP Staff Service Rules, 2011 were framed through the respondent/Institute, these rules may well not have the operates within a transparent legal and regulatory framework on the respondent/Institute. fourteen. In view of what has long been discussed above, without touching the merits on the case, the preliminary objection regarding the maintainability with the petition is sustained as well as the petition is held to get not maintainable in terms of Article 199 on the Constitution to the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of the judgment passed by the Supreme Court inside the case of Pakistan Electric Power Company supra. Read more

Free case legislation sites in Pakistan are a must have resources for anyone needing to understand Pakistani legislation. By employing the tips and techniques outlined in this article, you are able to navigate these resources effectively and conduct extensive legal research.

In any society, the enforcement of regulation and order is essential to maintain peace and protect its citizens. Among the most severe crimes that can disrupt this harmony is murder. In Pakistan, Section 302 from the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is vital to be certain justice prevails.

13. The Supreme Court has held that when the act of misconduct is established as well as employee is found guilty after owing process of regulation, it is the prerogative on the employer to decide the quantum of punishment, from the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness of your act of misconduct is just not adequate but the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful method. Read more

two. I have read the acquired counsel for that parties along with uncovered DPG at size, perused the record and noticed that:-

In a few jurisdictions, case law may be applied to ongoing adjudication; for example, criminal proceedings or family law.

, 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 kind of case.

share or interest of a co-owner in immovable property could also sold to another co-owner/co-sharer as well as to an stranger and section forty four(Transfer of Property Act 1882)

fourteen. During the light of your position explained above, it is concluded that a civil servant incorporates a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be viewed as for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the length of service get more info or within the form of inquiry and departmental action was so taken against his right of promotion. Read more