Indicators on banking law cases You Should Know
Indicators on banking law cases You Should Know
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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 usually a well-established proposition of legislation 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter to the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings on the evidence.
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The mentioned recovery could be used, at the most, for corroboration with the main evidence, but by itself it cannot certainly be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The mentioned memo of pointation is irrelevant and inadmissible as nothing at all was discovered on account of this kind of pointation. The place of incidence in addition to the place of throwing the dead body were already while in the knowledge of witnesses before their pointation because of the petitioners. Reliance can be placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held with the august Supreme Court of Pakistan as under:
Section 302 of your PPC deals with one of the most severe offenses in criminal law: murder. In this website post, we will delve into the provisions of Section 302, investigate the punishment it entails, and examine some notable case laws related to this particular section.
In this case, the Supreme Court of Pakistan upheld the death penalty for that accused who intentionally murdered the target.
Electronic and paper court records retained for the court site might be viewed in the courthouse for free, however there is often a price of ten cents for each page to print from a public access terminal.
Accessing free case law sites in Pakistan is essential for legal professionals, students, and everyone seeking to understand Pakistani legal precedents.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Presented the legal analysis on the subject issue, we're of the view that the claim of the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is not really legally seem, Apart from promotion and seniority, not absolute rights, they are issue to rules and regulations In case the recruitment rules of the subject post permit the case of your petitioners for promotion may very well be considered, however, we're apparent within our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Conditioning, topic to availability of vacancy issue on the approval of the competent authority.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to get gathered via the parties – specifically regarding the issue of absolute immunity.
this Court is still left with no option but to direct the respondents click here to inform the promotion with the petitioner in next rank .(Promotion)
A decreased court may well not rule against a binding precedent, even though it feels that it's unjust; it may well only express the hope that a higher court or maybe the legislature will reform the rule in question. If the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the law evolve, it may well either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow for any judge to recommend that an appeal be carried out.
115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance with the respondents that pensionary benefits may very well be withheld on account of your allegations leveled against the petitioner, in our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension may be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established by the government.