In addition to the primary punishment, the court may impose a fine within the offender. The fine’s amount is for the discretion in the court and is meant to serve as an additional deterrent.
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 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 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 from the Stricto-Sensu, utilize 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 your charge, however, that is issue to the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings to the evidence.
Case legislation is specific on the jurisdiction in which it had been rendered. As an illustration, a ruling in the California appellate court would not normally be used in deciding a case in Oklahoma.
Rulings by courts of “lateral jurisdiction” are not binding, but may very well be used as persuasive authority, which is to present substance on the party’s argument, or to guide the present court.
R.O, Office, Gujranwala along with the police officials didn't inform him that the identification parade with the accused has not been conducted yet. In the moment case, now the accused made an effort to just take advantage of the program aired by SAMAA News, wherein the picture of your petitioner was greatly circulated. The police should not have uncovered the identity of the accused through electronic media. The law lends assurance to the accused that the identity should not be exposed to the witnesses, particularly with the witness to detect 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 generated pics. Moreover, the images shown on the media reveal that a mask wasn't placed over the accused to hide his identity till he was set up for an identification parade. Making pictures in the accused publically, both by showing the same towards the witness or by publicizing the same in almost any newspaper or program, would create doubt from the proceedings with the identification parade. The Investigating Officer has to ensure that there isn't any opportunity for the witness to see the accused before going into 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 maybe the press or electronic media. Specified the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
The ICAP Staff Service Rules, 2011 were framed with the respondent/Institute, these rules might not have the operates within a clear legal and regulatory framework with the respondent/Institute. 14. In view of what has actually been discussed higher than, without touching the merits in the case, the preliminary objection regarding the maintainability from the petition is sustained as well as petition is held to generally be not maintainable in terms of Article 199 with the Constitution for your reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio from the judgment passed because of the Supreme Court in the case of Pakistan Electric Power Company supra. Read more
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for your loss of the life. It allows the legal system to impose a proportional punishment around the offender, making sure They're held accountable for their actions.
A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must utilize the previous court’s decision in applying the legislation. This example of case law refers to 2 cases read within the state court, for the same level.
13. The Supreme Court has held that when the act of misconduct is established along with the employee is found guilty after due process of legislation, it's the prerogative on the employer to decide the quantum of punishment, out of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness with the act of misconduct is just not adequate although the order must show that the competent authority has applied its mind website and exercised the discretion within a structured and lawful fashion. Read more
Therefore, this petition is found to generally be not maintainable and is particularly dismissed along with the pending application(s), plus the petitioners may perhaps request remedies through the civil court process as discussed supra. Read more
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؟
Whoever, with the intention of causing death OR with the intention of causing bodily injury into a person, by doing an act which from the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently harmful that it must in all chance cause death, causes the death from the these person, is said to commit qatl-i-amd/murder”
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's effectively set up now that the provision for proforma promotion isn't alien or unfamiliar towards the civil servant service construction but it is already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may well if pleased that a civil servant who was entitled to be promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service for the Federation/ province inside the higher post, direct that this sort of civil servant shall be paid the arrears of spend and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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