III) In the Variation with the father of deceased namely Muhammad Iqbal (complainant of second Edition) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed on the petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It's also a nicely-established 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 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, apply to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject to the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings over the evidence.
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal for the deceased was caused via the petitioner but in support of opinion of your Investigating Officer no iota of evidence is offered on the file and mere ipsi dixit of police is not really binding over the Court.
Rulings by courts of “lateral jurisdiction” are certainly not binding, but can be used as persuasive authority, which is to offer substance for the party’s argument, or to guide the present court.
Because of their position between the two main systems of legislation, these types of legal systems are sometimes referred to as mixed systems of law.
The ICAP Staff Service Rules, 2011 were framed from the respondent/Institute, these rules might not have the operates within a clear legal and regulatory framework on the respondent/Institute. fourteen. In view of what has actually been discussed above, without touching the merits on the case, the preliminary objection regarding the maintainability on the petition is sustained plus the petition is held to generally be not maintainable in terms of Article 199 of your 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 with the Supreme Court while in 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 Offered the legal analysis on the topic issue, we've been of the view that the claim on the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is not really legally sound, Moreover promotion and seniority, not absolute rights, These are topic to rules and regulations In case the recruitment rules of the topic post allow the case of the petitioners for promotion might be regarded, however, we have been clear within our point of view that contractual service cannot be regarded for seniority and promotion as the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health and fitness, topic to availability of vacancy subject matter on the approval of your competent authority. Read more
There are countless scenarios where death was never supposed – even more where Individuals nominated within the FIR were not present when the injury or death occurred. The death of the human being can be a tragic event. Even so the death of any living being is no fewer a tragic event.
In 1997, the boy was placed into the home of John and Jane Roe being a foster child. Although the couple experienced two youthful children of their individual at home, the social worker didn't notify them about the boy’s history of both being abused, and abusing other children. When she made her report on the court the following day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the pair experienced young children.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when the basic norm underlying a Constitution disappears and also a new system is put in its place.
If your employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply to the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only done If your employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence along with the petitioner company responded for the allegations therefore they were effectively aware about the allegations and led the evidence as such this point is ofno use being seemed into in constitutional jurisdiction at this stage. Read more
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
Persuasive Authority – Prior court rulings that could be consulted in deciding a current case. It might be used to guide the court, but is not binding precedent.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred get more info to case law previously rendered on similar cases.