Just a couple years ago, searching for case precedent was a tough and time consuming task, demanding people to search through print copies of case legislation, or to pay for access to commercial online databases. Today, the internet has opened up a host of case law search possibilities, and plenty of sources offer free access to case regulation.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It is usually a effectively-founded 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 reach 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, implement 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 from the charge, however, that is subject matter to the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings to the evidence.
four. Record shows that the petitioner has actually been booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. Although the petitioner has obtained bail in Those people cases, it does, prima facie, establish that the petitioner is liable to repeating the offence.
maintaining the conviction awarded into the appellant reduce the sentence with the appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
R.O, Office, Gujranwala as well as the police officials didn't inform him that the identification parade on the accused has not been conducted but. In the moment case, now the accused attempted to take advantage of This system aired by SAMAA News, wherein the picture on the petitioner was widely circulated. The police should not have exposed the identity from the accused through electronic media. The law lends assurance towards the accused that the identity should not be subjected to the witnesses, particularly for your witness to establish the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and generated photos. Other than, the images shown around the media reveal that a mask wasn't placed over the accused to cover his identity right up until he was place up for an identification parade. Making photographs in the accused publically, possibly by showing the same for the witness or by publicizing the same in almost any newspaper or system, would create doubt from the proceedings of your identification parade. The Investigating Officer has to make certain that there is not any possibility for that witness to see the accused before going on the identification parade. The accused should not be shown to the witness in person or through any other method, i.e., photograph, video-graph, or perhaps the push or electronic media. Specified the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding reached from the disciplinary authority is based on no evidence. In the event the conclusion or finding is including no reasonable person would have ever attained, the Court might interfere with the conclusion or the finding and mold the relief to really make it correct to the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. Around the aforesaid proposition, we are fortified through the decision on the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Petitioner owning been declared an absconder in this case for over a person in addition to a 50 % year generates the apprehension that the petitioner may well avoid standing trial and that's why delay the prosecution of your case. The material on record makes the case of your petitioner falls under two exceptions into the rule of grant of bail as mentioned earlier mentioned.
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Case legislation, also used interchangeably with common law, is usually a legislation that is based on precedents, that would be the judicial decisions from previous cases, instead than regulation based on constitutions, statutes, or regulations. Case law uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
2. I have heard the learned counsel to the parties in addition to learned DPG at size, perused the record and observed that:-
Finally, a vital contribution of this case which was accepted for consideration through the Court under Article 184 (three), has become setting a precedent which allows for much less complicated access towards the public to approach the superior courts and the subordinate courts on environment related issues.
ten. Without touching the merits from the case in the issue of once-a-year increases from the pensionary emoluments from the petitioner, in terms of policy decision here in the provincial government, these types of annual increase, if permissible during the case of employees of KMC, demands further assessment being made from the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
share or interest of a co-owner in immovable property also can sold to another co-owner/co-sharer as well as to an stranger and section forty four(Transfer of Property Act 1882)
Although the death penalty is irreversible, life imprisonment allows for your possibility of reconsideration or commutation from the sentence in certain circumstances.