5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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refers to your landmark case decided with the Supreme Court of Pakistan in 2012. Listed here’s a brief overview:
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 usually a nicely-proven 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 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 in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject for the procedure provided under the relevant rules instead of otherwise, with the 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 about the evidence.
Therefore, this petition is found to become not maintainable and is particularly dismissed along with the pending application(s), as well as the petitioners may well look for remedies through the civil court process as discussed supra. Read more
12. There is not any denial from the fact that in Government service it is anticipated that the persons having their character previously mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents can be a condition precedent for appointment to a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to the Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to perform away with the candidature on the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp
ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is well-settled that the civil servants must first go after internal appeals within 90 days. In case the appeal is not decided within that timeframe, he/she can then strategy the service tribunal to challenge the first order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety days with the department to act has already expired. About the aforesaid proposition, we're guided by the decision of your Supreme Court from the case of Dr.
Reasonable grounds can be found over the record to connect the petitioner with the commission with the alleged offence. Nevertheless punishment of the alleged offence does not slide during the prohibitory clause of Section 497, Cr.P.C. nevertheless learned Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is within the credit of the petitioner as accused, therefore, case from the petitioner falls inside the exception where bail cannot be granted even within the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, advice has been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion on the same is hereby reproduced:
If a victim is shot at point-blank selection, it may still be fair to infer that the accused supposed death. However, that is not really always the case.
Any court may well seek out to distinguish the present case from that of a binding precedent, to reach a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal check here of that judgment to the higher court.
This ruling has conditions, and Because the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. 9. In view of the above facts and circumstances in the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
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 prospective health risks and dangers.
Performing a case regulation search could possibly be as easy as coming into specific keywords or citation into a search engine. There are, however, certain websites that facilitate case law searches, together with:
one. Judicial Independence: The court emphasized the importance of judicial independence as well as separation of powers.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion is definitely the vested right of the civil servant, therefore, neither any seniority nor any promotion could possibly 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 becoming entitled being thought of for promotion into a higher grade, of course, is not really without logic since the officer who is to begin with inducted to some particular post needs to serve to the said post to gain experience to hold the next higher post and also to serve the public inside of a befitting fashion.
The residents argued that the high-voltage grid station would pose a health risk and opportunity hazard to local residents. In the long run, the court determined the scientific evidence inconclusive, although observing the general development supports that electromagnetic fields have destructive effects on human health. The Court accepted the petitioner’s argument that it should adopt the precautionary principle established out inside the 1992 Rio Declaration about the Environment and Growth, the first international instrument that linked environment protection with human rights, whereby The dearth of full scientific certainty should not be used as being a reason to prevent environmental degradation.