لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It's also a nicely-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 achieve 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 while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject matter towards the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings around the evidence.
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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؟
R.O, Office, Gujranwala as well as the police officials didn't inform him that the identification parade of your accused has not been conducted but. In the moment case, now the accused tried to acquire advantage of the program aired by SAMAA News, wherein the image in the petitioner was commonly circulated. The police should not have exposed the identity from the accused through electronic media. The legislation lends assurance to your accused that the identity should not be exposed to the witnesses, particularly for the witness to determine the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and produced photographs. In addition to, the images shown around the media reveal that a mask wasn't placed over the accused to cover his identity until finally he was put up for an identification parade. Making pictures from the accused publically, possibly by showing the same into the witness or by publicizing the same in any newspaper or system, would create doubt in the proceedings with the identification parade. The Investigating Officer has to guarantee that there isn't any opportunity for your witness to begin to see the accused before going to the identification parade. The accused should not be shown to your witness in person or through any other mode, i.e., photograph, video-graph, or the press or electronic media. Provided the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
States also ordinarily have courts that handle only a specific subset of legal matters, like family law and probate. Case legislation, also known as precedent or common legislation, is the body of prior judicial decisions that guide judges deciding issues before them. Depending within the relationship between the deciding court as well as precedent, case law may be binding or merely persuasive. For example, a decision because of the U.S. Court of Appeals for your Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) isn't strictly bound to Adhere to the Fifth Circuit’s prior decision. Similarly, a decision by a single district court in The big apple is not really binding on another district court, but the initial court’s reasoning may well help guide the second court in reaching its decision. Decisions with the U.S. Supreme Court are binding on all federal and state courts. Read more
only about the ground of miscases remanded & only on the ground of misreading of evidence only about the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
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nine. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
This case is cited in numerous subsequent judgments, particularly in cases involving constitutional regulation, judicial independence, and the rule of regulation.
This article delves into the intricacies on the recent amendment, accompanied by relevant case regulation, to provide a comprehensive understanding of its implications and useful applications.
fourteen. During the light in the position explained over, it truly is concluded that a civil servant incorporates a fundamental right to become promoted even after his retirement by awarding get more info proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his individual and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Read more