5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It is additionally a properly-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 a fact or evidence from the Stricto-Sensu, utilize 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 your charge, however, that is subject to your procedure provided under the relevant rules and not otherwise, to the 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 about the evidence.
4. It has been noticed by this Court that there can be a delay of at some point inside the registration of FIR which has not been explained from the complainant. Moreover, there is not any eye-witness on the alleged prevalence as well as prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram transpired to become the real brothers on the deceased but they did not react in the least into the confessional statements in the petitioners and calmly observed them leaving, just one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation concerning why her arrest was not effected after making with the alleged extra judicial confession. It has been held on lots of occasions that extra judicial confession of an accused is often a weak variety of evidence which could be manoeuvred via the prosecution in any case where direct connecting evidence does not arrive their way. The prosecution is likewise depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word regarding presence of some light with the place, where they allegedly saw the petitioners alongside one another on a motorcycle at four.
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“Making certain the precision of legal information is paramount,” says Barrister Ayesha Khan, a leading legal expert in Lahore. “Cross-referencing information from multiple reputable sources is essential for reliable legal research.”
This is because transfer orders are typically considered within the administrative discretion on the employer. However, there could possibly be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the appropriate forum. Read more
The reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should be able to deduce the logic from the decision and the statutes.[four]
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 with the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to some person causes death of this sort of person, possibly by mistake of act or by mistake of fact is said to commit qatl-i-khata.”
In 1997, the boy was placed into the home of John and Jane Roe for a foster child. Even though read more the few had two younger children of their personal at home, the social worker did not convey to them about the boy’s history of both being abused, and abusing other children. When she made her report to your court the following day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the pair had young children.
Therefore, this petition is found to generally be not maintainable and it is dismissed along with the pending application(s), and also the petitioners may possibly look for remedies through the civil court process as discussed supra. Read more
How much sway case regulation holds may perhaps change by jurisdiction, and by the exact circumstances from the current case. To discover this concept, look at the following case regulation definition.
1. Judicial Independence: The court emphasized the importance of judicial independence plus the separation of powers.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion is the vested right of the civil servant, therefore, neither any seniority nor any promotion could possibly be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular length of service for becoming entitled for being regarded for promotion to the higher grade, of course, just isn't without logic as the officer that is at first inducted to some particular post needs to serve around the mentioned post to gain experience to hold the next higher post also to serve the public in a befitting way.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory legislation, which are established by executive agencies based on statutes.