The Single Best Strategy To Use For is legislation more powerful than case law
The Single Best Strategy To Use For is legislation more powerful than case law
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V) During investigation, the Investigating Officer concluded that fireplace-arm injury which was fatal into the deceased was caused by the petitioner but in support of opinion of your Investigating Officer no iota of evidence is obtainable around the file and mere ipsi dixit of police is not binding around the Court.
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:Given the legal analysis on the subject issue, we are from the view that the claim of the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle just isn't legally seem, Other than promotion and seniority, not absolute rights, they are topic to rules and regulations In the event the recruitment rules of the topic post allow the case on the petitioners for promotion may be considered, however, we've been apparent in our point of view that contractual service cannot be considered for seniority and promotion as the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Conditioning, issue to availability of vacancy subject matter on the approval on the competent authority.
record with the department there isn't any record readily available whatsoever regarding promotion of your petitioner(Promotion)
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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's also a properly-proven 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, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is issue into the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings within the evidence.
The Court thought of the case to be maintainable under Article 184 (three) Considering that the Threat and encroachment alleged were for instance to violate the constitutional right to life when interpreted expansively.
Section 302 with the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject into the most severe form of punishment permissible under Pakistani regulation.
acquitted the appellants from each of the charges therefore the same is dismissed being infructuous. (Criminal Revision )
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses for example self-defense, insanity, or accidental killing, which may end in reduced charges or acquittal.
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Until case is tried using(Bail Matters)
A coalition of residents sent a letter of petition to your Supreme Court to challenge the Water and Power Progress Authority’s (WAPDA) construction of an electricity grid station in their community, on designated “green belt” property. The Court heard the matter being a human rights case, as Article 184 (3) from the Pakistan Constitution offers original jurisdiction on the Supreme Court to get up and determine any matter concerning the enforcement of fundamental rights of public importance.
This section specifically applies to civil servants who're rendered surplus mainly because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, usually are not subject matter to your provisions of your Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the utilizing organization. Therefore, the provisions of Section eleven-A, such as the possibility of being posted to another department, click here would not apply to non-civil servants. Read more