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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 into the main case, it is 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 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, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject matter towards the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings within the evidence.
Life imprisonment is an alternative on the death penalty. In such cases, the convicted person is sentenced to spend the remainder of their natural life driving bars.
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To the foregoing reasons the moment suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
Free case law sites in Pakistan are priceless resources for anyone needing to understand Pakistani legislation. By employing the ideas and techniques outlined in this article, you can navigate these resources effectively and conduct extensive legal research.
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice with the Peace u/s 22-A is not obliged to afford a possibility of hearing into the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is needed to contemplate all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
thirteen. The Supreme Court has held that when the act of misconduct is set up as well as employee is found guilty after thanks process of law, it's the prerogative in the employer to decide the quantum of punishment, from the varied penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness from the act of misconduct is not enough even so the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful way. Read more
Therefore, this petition is found to become not maintainable and it is dismissed along with the pending application(s), plus the petitioners may well seek remedies through the civil court process as discussed supra. Read more
As a result, it was held that the right to a healthy environment was part from the fundamental right to life and right to dignity, under Article 9 and 14 of your Pakistan Constitution, respectively. The Court ruled that the word “life” covers all aspects of human existence, all this sort of amenities and services that a person is entitled to get pleasure from with dignity, legally and constitutionally.
3. Rule of Regulation: The court reiterated the importance of upholding the rule of regulation and making sure that all institutions function within their constitutional mandates.
A coalition of get more info residents sent a letter of petition into the Supreme Court to challenge the Water and Power Development Authority’s (WAPDA) construction of the electricity grid station in their neighborhood, on designated “green belt” property. The Court heard the matter like a human rights case, as Article 184 (three) in the Pakistan Constitution supplies primary jurisdiction for the Supreme Court to choose up and determine any matter concerning the enforcement of fundamental rights of public importance.
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