5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
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Online access to case information for payments in select juvenile and domestic relations district courts. Cases can be searched using name, case number, or hearing date.
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 very well-proven 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter for the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to arrive at its independent findings around the evidence.
This Court could interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding arrived at from the disciplinary authority is based on no evidence. When the conclusion or finding is for example no reasonable person would have ever arrived at, the Court might interfere with the conclusion or maybe the finding and mildew the relief to make it ideal to the facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or even the nature of punishment. To the aforesaid proposition, we're fortified with the decision with the Supreme Court in 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Rulings by courts of “lateral jurisdiction” usually are not binding, but could be used as persuasive authority, which is to offer substance into the party’s argument, or to guide the present court.
Individual researchers working on defined research projects intended for scholarly work can utilize the attached form (PDF) to request PACER cost exemptions from multiple courts.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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's also a perfectly-recognized 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 website 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 inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue for the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings about the evidence.
Petitioner obtaining been declared an absconder in this case for over 1 and a 50 % year generates the apprehension that the petitioner may well avoid standing trial and consequently delay the prosecution with the case. The material on record makes the case in the petitioner falls under two exceptions towards the rule of grant of bail as mentioned higher than.
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to abide by.
13. The Supreme Court has held that once the act of misconduct is established and also the employee is found guilty after thanks process of law, it is the prerogative of your employer to decide the quantum of punishment, out of the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness from the act of misconduct is not satisfactory however the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful fashion. Read more
two. I have listened to the learned counsel with the parties in addition to figured out DPG at size, perused the record and observed that:-
Performing a case legislation search can be as easy as entering specific keywords or citation into a search engine. There are, however, certain websites that facilitate case regulation searches, such as:
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؟
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to some healthy environment. This decision is particularly significant as there are not any specific provisions during the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it's important that the case set up the application of the precautionary principle where there is a risk to environmental rights, and emphasised the positive obligations in the State in protecting the right into a clean and healthy environment.
competent authority has determined the eligibility from the private respondents and found them to get fit for promotion. CP dismissed(Promotion)