Getting My case laws 506 b ppc pre arrest bail To Work
Getting My case laws 506 b ppc pre arrest bail To Work
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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................
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This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding achieved via the disciplinary authority is based on no evidence. In the event the summary or finding is for example no reasonable person would have ever attained, the Court may possibly interfere with the summary or perhaps the finding and mould the relief to really make it acceptable on 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-enjoy the evidence or perhaps the nature of punishment. About the aforesaid proposition, we've been fortified because of the decision of your Supreme Court during 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(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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criminal revision application is dismissed. reduced into the period of his detention in jail he has already undergone(Criminal Revision )
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 on the main case, It is additionally a perfectly-proven proposition of regulation 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic for the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings about the evidence.
The reason for this difference is that these civil law jurisdictions adhere to some tradition that the reader should be capable to deduce the logic from the decision plus 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 click here some person causes death of this sort of person, either by mistake of act or by mistake of fact is alleged to commit qatl-i-khata.”
On June 16, 1999, a lawsuit was filed on behalf in the boy by a guardian advertisement litem, against DCFS, the social worker, as well as the therapist. A similar lawsuit was also filed on behalf on the Roe’s victimized son by a different guardian advertisement litem. The defendants petitioned the trial court for any dismissal based on absolute immunity, because they were all acting in their jobs with DCFS.
If granted absolute immunity, the parties would not only be protected from liability while in the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request towards the appellate court.
If the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't had an opportunity to respond to the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only accomplished When the employee can show that they'd a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence as well as the petitioner company responded towards the allegations as a result they were well aware of the allegations and led the evidence as such this point is ofno use to generally be looked into in constitutional jurisdiction at this stage. Read more
Whoever, with the intention of causing death OR with the intention of causing bodily injury to the person, by executing an act which while in the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently perilous that it must in all chance cause death, causes the death with the this sort of person, is claimed to commit qatl-i-amd/murder”
In case the employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not experienced a possibility to respond to the grievance and attempt to resolve it. In some cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only done When the employee can show that that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to guide evidence and the petitioner company responded into the allegations as a result they were very well aware about the allegations and led the evidence therefore this point is ofno use to generally be seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance of the respondents that pensionary benefits could possibly be withheld on account of your allegations leveled against the petitioner, inside our view, section 20 of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension can be withheld or reduced. These consist of 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 possibly be withheld or reduced. In certain cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set via the government.