5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
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93 . 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, It is usually a perfectly-founded proposition of regulation 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 in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter into the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings about the evidence.
These platforms empower individuals to understand their legal rights and obligations, marketing a more informed and just society.
Some bodies are provided statutory powers to issue steering with persuasive authority or similar statutory effect, such as the Highway Code.
prolonged period petitioner was not viewed as for promotion, meeting of your departmental promotion committee and take into account 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 with the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Free case law sites in Pakistan are invaluable resources for anyone needing to understand Pakistani legislation. By making use of the information and techniques outlined in this article, you may navigate these resources effectively and conduct complete legal research.
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to adhere to.
P.C. Liability of petitioners for the reported offences would be determined because of the uncovered trial Court after sifting the evidentiary worthy of with the material produced before the same. Till then, case of
2. I have listened to the uncovered counsel for that parties together with acquired DPG at duration, perused the record and noticed that:-
Finally, an important contribution of this case which was accepted for consideration because of the Court under Article 184 (three), has become setting a precedent which allows for much much easier access towards the public to method the superior courts as well as the subordinate courts on environment related issues.
Article 199 of the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It can be well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a healthy environment. This decision get more info is particularly significant as there aren't any specific provisions in the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it is actually important that the case recognized the application from the precautionary principle where there is a menace to environmental rights, and emphasised the positive obligations on the State in protecting the right to your clean and healthy environment.
competent authority has determined the eligibility of the private respondents and found them to get fit for promotion. CP dismissed(Promotion)