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ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It is usually a nicely-set up 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 during the Stricto-Sensu, apply 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 of the charge, however, that is subject matter to your procedure provided under the relevant rules instead of otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings about the evidence.
When the state court hearing the case reviews the law, he finds that, when it mentions large multi-tenant properties in certain context, it's actually rather vague about whether the 90-working day provision relates to all landlords. The judge, based over the specific circumstances of Stacy’s case, decides that all landlords are held on the ninety-working day notice prerequisite, and rules in Stacy’s favor.
Statutory laws are Those people created by legislative bodies, which include Congress at both the federal and state levels. When this style of regulation strives to condition our society, delivering rules and guidelines, it would be impossible for virtually any legislative body to anticipate all situations and legal issues.
record of your department there is not any record accessible whatsoever regarding promotion on the petitioner(Promotion)
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 is additionally a perfectly-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 reach 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 in the Stricto-Sensu, utilize 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 of the charge, however, that is issue into 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-enjoy the evidence and to reach at its independent findings within the evidence.
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is effectively-settled that even though looking at the case of normal promotion of civil servants, the competent authority should look at the advantage of the many suitable candidates and after owing deliberations, to grant promotion to such eligible candidates who are found to be most meritorious among them. Because the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked with the respondent department just to extend favor for the blue-eyed candidate based on OPS, which is apathy around the part from the respondent department.
This guide presents valuable insights into free online resources offering access to Pakistani case law, helping you navigate the complexities of legal case law management research.
13. The Supreme Court has held that as soon as the act of misconduct is proven as well as employee is found guilty after because of process of legislation, it is the prerogative with the employer to decide the quantum of punishment, away from the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness of your act of misconduct is not really sufficient but the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful method. Read more
Although lots of websites offer free case legislation, not all are equally reliable. It’s essential to evaluate the credibility of the source before counting on the information.
The death penalty, also known as capital punishment, is the most severe form of punishment for murder under Section 302. It requires the execution of the convicted person to be a consequence of their crime.
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؟
share or interest of a co-owner in immovable property might also sold to another co-owner/co-sharer or simply to an stranger and section forty four(Transfer of Property Act 1882)
dismissed as not pressed and sentences awarded on the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )