5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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However, in an effort to strike a balance between the rights of citizens and also the plans that are executed via the authorities with the welfare, financial development and prosperity with the nation, the Court did not make a definitive ruling on the pending construction of your grid station, but, with the consent of both parties, ordered a review and report of grid project through the National Engineering Services of Pakistan (NESPAK) to advise alterations and location alternatives.
Online access to civil and criminal cases in select circuit courts. Cases could be searched by locality using name, case number, or hearing date.
This Court may interfere where the authority held the proceedings against the delinquent officer in the manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding arrived at with the disciplinary authority is based on no evidence. In case the conclusion or finding is such as no reasonable person would have ever arrived at, the Court could interfere with the summary or the finding and mould the relief to make it proper to the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or perhaps the nature of punishment. About the aforesaid proposition, we're fortified via the decision from the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
While there is no prohibition against referring to case legislation from a state other than the state in which the case is being read, it holds minimal sway. Still, if there is no precedent in the home state, relevant case legislation from another state could be regarded via the court.
three. I have heard the figured out counsel to the parties and have absent through the record of this case with their ready assistance.
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 your main case, It's also a effectively-proven proposition of regulation that when an inquiry 9c case laws in urdu 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 reach 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 get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject on 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-appreciate the evidence and to arrive at its independent findings around the evidence.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the subject issue, we have been on the view that the claim from the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is just not legally sound, In addition to promotion and seniority, not absolute rights, they are matter to rules and regulations In case the recruitment rules of the subject post permit the case of your petitioners for promotion can be deemed, however, we have been very clear within our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, matter to availability of vacancy subject matter to the approval on the competent authority. Read more
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
Normally, only an appeal accepted with the court of previous resort will resolve such differences and, for many reasons, these kinds of appeals in many cases are not granted.
Knowledge in the accused is usually a matter to become inferred from the circumstances, for it being a state of mind, is quite challenging to generally be proved otherwise.”
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and steadiness. It demonstrates the commitment in 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؟
In order to preserve a uniform enforcement with the laws, the legal system adheres towards the doctrine of stare decisis
This section specifically relates to civil servants who are rendered surplus because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, usually are not subject matter towards the provisions with the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the using organization. Therefore, the provisions of Section 11-A, including the possibility of being posted to another department, would not implement to non-civil servants. Read more