A Review Of case laws on bail
A Review Of case laws on bail
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Taking an individual’s life is actually a heinous crime that devastates people, communities, and society in general. The harsh punishment serves for a deterrent to likely offenders and seeks to copyright the sanctity of human life.
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 your main case, It is usually a well-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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a 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 in the charge, however, that is topic to the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings within the evidence.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not implement, as the criminal Court has not convicted the petitioner, instead he has actually been acquitted on the criminal charges based on evidence and it is nicely-settled regulation that once the civil servant is acquitted in the criminal case, then on this quite charge he cannot be awarded in almost any punishment by the department and held him disqualified with the post because acquittal for all long run purposes. The aforesaid proposition has been set at naught because of the Supreme Court of Pakistan during the case of the District Police Officer Mainwali and a pair of others v.
Though there is not any prohibition against referring to case law from a state other than the state in which the case is being read, it holds small sway. Still, if there isn't any precedent within the home state, relevant case law from another state could possibly be regarded via the court.
Subscription access exclusively for organizations/businesses (SCC ID expected) to criminal case information in participating Circuit Courts to the purpose of confirming of the individual’s date of birth.
4. It goes without expressing that observations made hereinabove are just tentative in nature and strictly confined to your disposal of prompt bail petition.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the subject issue, we've been from the view that the claim of your petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle will not be legally seem, Other website than promotion and seniority, not absolute rights, They are really subject to rules and regulations if the recruitment rules of the topic post allow the case in the petitioners for promotion might be thought of, however, we've been obvious in our point of view that contractual service cannot be regarded as for seniority and promotion as the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Conditioning, subject matter to availability of vacancy matter for the approval on the competent authority. Read more
Upholding Justice: The application from the law along with the subsequent punishment with the guilty party provide a feeling of closure and justice for the sufferer’s family and loved ones.
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it requires legal transfer of title. Agreement to sell must be made and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when the basic norm underlying a Constitution disappears as well as a new system is set in its place.
In case the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not had a possibility to answer the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only finished If your employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to guide evidence along with the petitioner company responded on the allegations therefore they were properly conscious of the allegations and led the evidence therefore this point is ofno use for being looked into in constitutional jurisdiction at this stage. Read more
this Court is remaining with no option but to direct the respondents to inform the promotion from the petitioner in next rank .(Promotion)
13309-B of 2010 to be weak types of evidence as well as the evidentiary value whereof would be observed on the time of your trial. The investigation of this case has already been finalized and, So, confirmed custody on the petitioner in jail is unlikely to serve any valuable purpose at this stage.”
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination of your current case are called obiter dicta, which constitute persuasive authority but aren't technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[4]