Detailed Notes on accident case law
Detailed Notes on accident case law
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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 towards the main case, It's also a nicely-established 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 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 from 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 of your charge, however, that is topic to your 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-enjoy the evidence and to arrive at its independent findings on the evidence.
Intentional Murder: The key factor of Section 302 PPC will be the prerequisite of intention. It indicates that the offender must have the intention to cause the death of your victim. Intent may very well be premeditated or might be formed for the time being of your crime.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 subject issue, we are in the view that the claim of your petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle will not be legally seem, Aside from promotion and seniority, not absolute rights, They can be subject matter to rules and regulations In case the recruitment rules of the subject post allow the case on the petitioners for promotion may be thought of, however, we've been apparent in our point of view that contractual service cannot be deemed for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, issue to availability of vacancy subject towards the approval of the competent authority.
criminal revision application is dismissed. reduced to your period of his detention in jail he has already undergone(Criminal Revision )
The ICAP Staff Service Rules, 2011 were framed with the respondent/Institute, these rules may well not have the operates within a clear legal and regulatory framework in the respondent/Institute. fourteen. In view of what has been discussed over, without touching the merits with the case, the preliminary objection regarding the maintainability of your petition is sustained and also the petition is held to get not maintainable in terms of Article 199 with the Constitution with the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of the judgment passed through the Supreme Court from the case of Pakistan Electric Power Company supra. Read more
S. Supreme Court. Generally speaking, proper case citation features the names of your parties to the first case, the court in which the case was read, the date it had been decided, as well as book in which it is actually recorded. Different citation requirements may perhaps include italicized or underlined text, and certain specific abbreviations.
Some pluralist systems, for instance Scots law in Scotland and types of civil law jurisdictions in Quebec and Louisiana, usually do not specifically fit into the dual common-civil law system classifications. These types of systems may possibly have been heavily influenced through the Anglo-American common legislation tradition; however, their substantive regulation is firmly rooted in the civil law tradition.
thirteen. The Supreme Court has held that the moment the act of misconduct is established as well as employee is found guilty after owing process of legislation, it's the prerogative in the employer to decide the quantum of punishment, out of the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness in the act of misconduct is not ample however the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful method. Read more
I) The above mentioned referred case FIR, for your murder of deceased namely Muhammad Sajjad, was registered to the complaint of Muhammad Sharif son of Ghulam Farid who's father of the petitioner and According to story of FIR, the petitioner is really an eyewkness in the prevalence.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and security. It demonstrates the commitment with the state to protect its citizens and copyright the rule of law.
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؟
A decreased court might not rule against a binding precedent, whether or not it feels that it is unjust; it might only express the hope that a higher court or even the legislature will reform the rule in question. When the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the law evolve, it might both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts with the cases; some jurisdictions allow to get a judge to recommend that an appeal be carried out.
one hundred fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of the respondents that pensionary benefits could possibly be withheld on account of the allegations leveled against the petitioner, in our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension can be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension can be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established via get more info the government.