Not known Facts About tort and contract law cases
Not known Facts About tort and contract law cases
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5. Figured out Deputy Prosecutor General as well as counsel for your complainant further argued that during the investigation on the case the petitioner Mst. Mubeena Bibi led for the recovery of sleeping supplements on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore has been made before the Court wherein the sleeping products were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected in the liver but not from the stomach. Consequently, the recovery of claimed sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Acquired Deputy Prosecutor General and counsel to the complainant have also argued that during the investigation on the case the petitioner Bhoora led for the recovery of a motorcycle.
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, Additionally it is a well-recognized proposition of law 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, implement 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 of the charge, however, that is topic into the procedure provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings over the evidence.
Case files could also be accessed from the public access terminals in the clerk’s office of the court where the case was filed.
Deterrence: The panic of severe repercussions, together with capital punishment, is meant to discourage opportunity criminals from committing murder. This deterrent effect is crucial in reducing the event of intentional killings.
The court system is then tasked with interpreting the regulation when it is actually unclear the way it relates to any specified situation, typically rendering judgments based to the intent of lawmakers as well as the circumstances on the case at hand. This sort of decisions become a guide for long run similar cases.
The ICAP Staff Service Rules, 2011 were framed by the respondent/Institute, these rules may not have the operates within a transparent legal and regulatory framework from the respondent/Institute. fourteen. In view of what has become discussed earlier mentioned, without touching the merits with the case, the preliminary objection regarding the maintainability from the petition is sustained as well as petition is held to get not maintainable in terms of Article 199 from the Constitution for that reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio on the judgment passed through the Supreme Court inside the case of Pakistan Electric Power Company supra. Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the subject issue, we're of the view that the claim of your petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle just isn't legally sound, besides promotion and seniority, not absolute rights, they are subject matter to rules and regulations In case the recruitment rules of the topic post permit the case of the petitioners for promotion can be regarded, however, we are apparent within our point of view that contractual service cannot be deemed for seniority and promotion because the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Physical fitness, issue to availability of vacancy subject matter towards the approval of the competent authority. Read more
Electronic and paper court records retained on the court site is usually viewed on the courthouse for free, however there is often a payment of ten cents per page to print from a public access terminal.
9. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when The fundamental norm underlying a Constitution disappears and also a new system is put in its place.
Finally, a significant contribution of this case which was accepted for consideration because of the Court under Article 184 (3), continues to be setting a precedent which allows for much less difficult access towards the public to approach the superior courts and also the subordinate courts on environment related issues.
Generally speaking, higher courts will not have direct oversight over the lessen courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments of your decrease courts.
share or interest of the co-owner in immovable property can also sold to another co-owner/co-sharer or even to an stranger and section 44(Transfer of Property Act 1882)
P.C. for grant of post arrest bail should even be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR partnership case law 1899” wherein it's been held from the august Supreme Court of Pakistan as under:--