A Review Of case laws on bail
A Review Of case laws on bail
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Article 199 with the Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It is actually very well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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 usually a well-recognized proposition of legislation 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 inside the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject matter for the procedure provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings around the evidence.
Therefore, this petition is found to get not maintainable and is dismissed along with the pending application(s), and also the petitioners may possibly search for remedies through the civil court process as discussed supra. Read more
competent authority and when any appeal or representation is filed the same shall be decided(Promotion)
3. I have read the discovered counsel for that parties and have gone through the record of this case with their ready assistance.
The ICAP Staff Service Rules, 2011 were framed by the respondent/Institute, these rules might not have the operates within a clear legal and regulatory framework on the respondent/Institute. 14. In view of what has become discussed previously mentioned, without touching the merits with the case, the preliminary objection regarding the maintainability in the petition is sustained along with the petition is held being not maintainable in terms of Article 199 of the Constitution for that reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio with the judgment passed by the Supreme Court inside the case of Pakistan Electric Power Company supra. Read more
Following the decision, NESPAK, as directed, conducted an assessment from the grid project and submitted that adequate mitigation measures were in place to render any potential adverse impacts negligible. Based on this, the grid station was permitted to be created.
Any court may well search for to distinguish the present case from that of the binding precedent, to reach a different summary. The validity of such a distinction may or may not be accepted on appeal of that judgment to some higher court.
department concerned shall deliver the complete set of ACRs of your concerned officer to DPC effectively in advance cases for promotin(Promotion)
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station as a result of probable health risks and hazards.
Alternative Punishment: In certain cases, the court may possibly have the discretion to award life imprisonment being an alternative to your death penalty. Life imprisonment entails the offender spending the rest of their life at the rear of bars without the possibility of parole or early release.
In order to prove murder, there has to be an intention to cause the death of that person along with the action of actually injuring them – and that injury subsequently leading to and causing the death of that person.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release to be a legally recognized conviction. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination on the current case are called obiter dicta, which represent persuasive authority but will not be technically binding. By contrast, more info decisions in civil law jurisdictions are generally shorter, referring only to statutes.[four]