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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 for the main case, it is also a perfectly-recognized 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence inside the Stricto-Sensu, utilize 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 matter towards the procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings on the evidence.
4. It's been noticed by this Court that there is a delay of at some point while in the registration of FIR which hasn't been explained via the complainant. Moreover, there is no eye-witness in the alleged incidence as well as prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners has actually been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram occurred being the real brothers of the deceased but they did not react in the least for the confessional statements on the petitioners and calmly observed them leaving, just one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation regarding why her arrest wasn't effected after making of the alleged extra judicial confession. It has been held on numerous situations that extra judicial confession of an accused can be a weak variety of evidence which may very well be manoeuvred from the prosecution in any case where direct connecting evidence does not come their way. The prosecution can also be relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word concerning presence of some light with the place, where they allegedly noticed the petitioners collectively on the motorcycle at 4.
Statutory laws are All those created by legislative bodies, for example Congress at both the federal and state levels. Whilst this style of law strives to form our society, providing rules and guidelines, it would be unattainable for virtually any legislative body to anticipate all situations and legal issues.
3. I have listened to the learned counsel for the parties and have gone through the record of this case with their in a position assistance.
The different roles of case law in civil and common regulation traditions create differences in the best way that courts render decisions. Common law courts generally explain in detail the legal rationale guiding their decisions, with citations of both legislation and previous relevant judgments, and often interpret the broader legal principles.
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be nicely-settled that when thinking about the case of normal promotion of civil servants, the competent authority has to take into account the advantage of each of the qualified candidates and after owing deliberations, to grant promotion to such qualified candidates that are found to generally be most meritorious amongst them. Because the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was disregarded by the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy over the part of the respondent department.
A year later, Frank and Adel have a similar difficulty. When they sue their landlord, the court must use the previous court’s decision in making use of the regulation. This example of case legislation refers to 2 cases heard from the state court, within the same level.
Case law, also used interchangeably with common law, is a regulation that is based on precedents, that could be the judicial decisions from previous cases, relatively than law based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
Justia – an extensive resource more info for federal and state statutory laws, and also case regulation at both the federal and state levels.
Thus, it was held that the right into a healthy environment was part with the fundamental right to life and right to dignity, under Article nine and 14 on the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all this sort of amenities and services that a person is entitled to appreciate with dignity, legally and constitutionally.
[3] For example, in England, the High Court plus the Court of Appeals are Every bound by their individual previous decisions, however, since the Practice Statement 1966 the Supreme Court from the United Kingdom can deviate from its earlier decisions, Whilst in practice it not often does. A notable example of when the court has overturned its precedent will be the case of R v Jogee, where the Supreme Court with the United Kingdom ruled that it and the other courts of England and Wales experienced misapplied the law for virtually thirty years.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion would be the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular length of service for turning out to be entitled to get deemed for promotion to some higher quality, of course, will not be without logic because the officer that's originally inducted into a particular post needs to provide on the stated post to gain experience to hold the next higher post also to serve the public in a very befitting way.
It is additionally important to note that granting of seniority to some civil servant without the actual size of service just about violates the entire service construction like a civil servant inducted in Quality seventeen by claiming these types of benefit without any experience be directly posted in any higher quality, which is neither the intention of the law nor from the equity. Read more