Not known Facts About tort and contract law cases
Not known Facts About tort and contract law cases
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Only a few years in the past, searching for case precedent was a difficult and time consuming endeavor, demanding individuals to search through print copies of case regulation, or to buy access to commercial online databases. Today, the internet has opened up a number of case regulation search prospects, and a lot of sources offer free access to case law.
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 the main case, Additionally it is a well-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 summary. 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 acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is topic to the procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings on the evidence.
four. It has been noticed by this Court that there is really a delay of sooner or later while in the registration of FIR which has not been explained via the complainant. Moreover, there is not any eye-witness of your alleged event plus the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has been 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 transpired being the real brothers of your deceased but they didn't react in any way into the confessional statements of your petitioners and calmly noticed them leaving, one particular 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 isn't any explanation concerning why her arrest was not effected after making from the alleged extra judicial confession. It has been held on so many situations that extra judicial confession of an accused is usually a weak kind of evidence which can be manoeuvred by the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is additionally relying 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 presence of some light with the place, where they allegedly observed the petitioners alongside one another over a motorcycle at 4.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Supplied the legal analysis on the topic issue, we've been of your view that the claim of your petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle will not be legally audio, Moreover promotion and seniority, not absolute rights, They can be subject matter to rules and regulations if the recruitment rules of the topic post allow the case on the petitioners for promotion could possibly be considered, however, we're clear within our point of view that contractual service cannot be deemed for seniority and promotion as being the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy topic to your approval in the competent authority.
criminal revision application is dismissed. reduced for the period of his detention in jail he has already undergone(Criminal Revision )
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to the main case, it is also a nicely-proven 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 a fact or evidence from the Stricto-Sensu, use 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 into the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings over the evidence.
ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is nicely-settled that even though looking at the case of regular promotion of civil servants, the competent authority has to think about the benefit of every one of the eligible candidates and after due deliberations, to grant promotion to such suitable candidates who are found being most meritorious amongst them. For the reason that petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was overlooked because of the respondent department just to increase favor for the blue-eyed candidate based on OPS, which is apathy around the part of the respondent department.
The appellant should have remained vigilant and raised his challenge for the Judgment within time. Read more
Accessing free case legislation sites in Pakistan is essential for legal professionals, students, and anyone seeking to understand Pakistani legal precedents.
In simple terms, the section states that any person who commits intentional murder shall be subjected into the death penalty or life imprisonment, along with a potential fine.
Criminal cases Inside more info the common legislation tradition, courts decide the legislation applicable to your case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Contrary to most civil legislation systems, common legislation systems Keep to the doctrine of stare decisis, by which most courts are bound by their individual previous decisions in similar cases. According to stare decisis, all lower courts should make decisions reliable with the previous decisions of higher courts.
She did note that the boy still needed comprehensive therapy in order to manage with his abusive past, and “to reach the point of being Protected with other children.” The boy was obtaining counseling with a DCFS therapist. Again, the court approved of the actions.
In the event the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had an opportunity to respond to the grievance and attempt to resolve it. In some cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only performed Should the employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to lead evidence and also the petitioner company responded into the allegations as a result they were nicely conscious of the allegations and led the evidence as such this point is ofno use to generally be seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
Inside the United States, men and women are not necessary to hire an attorney to represent them in possibly civil or criminal matters. Laypeople navigating the legal system on their own can remember a single rule of thumb when it concerns referring to case regulation or precedent in court documents: be as specific as you possibly can, leading the court, not only to your case, but for the section and paragraph containing the pertinent information.