77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.

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 is usually a effectively-proven 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 while in the Stricto-Sensu, apply 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 with the charge, however, that is subject matter on the procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings around the evidence.

In this landmark case, the Supreme Court commuted the death sentence to life imprisonment to the grounds of extenuating circumstances. The court acknowledged that when the crime of murder was founded, the offender had a history of mental illness, which played a significant role in committing the offense. This case established a precedent for thinking about mitigating factors during sentencing.

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record with the department there isn't any check here record available whatsoever regarding promotion from the petitioner(Promotion)

four.       It goes without expressing that observations made hereinabove are only tentative in nature and strictly confined for the disposal of instantaneous bail petition.

The reason for this difference is that these civil regulation jurisdictions adhere to some tradition that the reader should have the capacity to deduce the logic from the decision and the statutes.[4]

Electronic and paper court records retained at the court site is often viewed at the courthouse for free, however there is really a fee of ten cents for each page to print from a public access terminal.

In 1997, the boy was placed into the home of John and Jane Roe for a foster child. Even though the few had two youthful children of their own at home, the social worker didn't convey to them about the boy’s history of both being abused, and abusing other children. When she made her report into the court the following working day, the worker reported the boy’s placement during the Roe’s home, but didn’t mention that the pair had younger children.

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified when The essential norm underlying a Constitution disappears as well as a new system is place in its place.

In certain jurisdictions, case regulation is usually applied to ongoing adjudication; for example, criminal proceedings or family regulation.

Regardless of its popularity, only a few may perhaps be familiar with its intricacies. This article is really an attempt to highlight the flaws of this section as well as extremely small threshold that governs it.

share or interest of a co-owner in immovable property could also sold to another co-owner/co-sharer or maybe to an stranger and section 44(Transfer of Property Act 1882)

It is additionally important to note that granting of seniority into a civil servant without the actual size of service pretty much violates the entire service construction being a civil servant inducted in Quality seventeen by claiming such benefit without any experience be directly posted in any higher grade, which is neither the intention on the legislation nor with the equity. Read more