A Review Of case laws on bail
A Review Of case laws on bail
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Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It can be very well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is additionally a nicely-proven 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 reach 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 during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is topic towards the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to reach at its independent findings to the evidence.
These lists are sorted chronologically by Chief Justice and incorporate all notable cases decided via the court. Articles exist for almost all cases.
This unfortunate ambiguity results during the law regarding murder and manslaughter for being repugnant with Each individual other.
record of your department there is not any record obtainable whatsoever regarding promotion of the petitioner(Promotion)
This Court may well interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the click here rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at via the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever achieved, the Court may possibly interfere with the conclusion or the finding and mould the relief to really make it suitable on the facts of each and every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. About the aforesaid proposition, we are fortified via the decision with the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government businesses in regards to projects that could probably pose a public risk. This case can also be noteworthy, “because it laid down the foundations of all future public interest litigation introduced before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found from the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination can be a right to life itself.
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to comply with.
P.C. Liability of petitioners for the said offences would be determined because of the figured out trial Court after sifting the evidentiary worthy of on the material made before the same. Till then, case of
Though a lot of websites offer free case law, not all are equally reliable. It’s important to evaluate the credibility of your source before depending on the information.
Apart from the rules of procedure for precedent, the load provided to any reported judgment might rely on the reputation of both the reporter as well as judges.[7]
3. Rule of Legislation: The court reiterated the importance of upholding the rule of regulation and ensuring that all institutions function within their constitutional mandates.
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)
Pakistan’s legal system is not really without flaws: overhauling is overdue and also the regulation regarding murder requires really serious reconsideration and clarification. With the time being, the the very least that can be carried out is to verify that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.