refers to a landmark case decided through 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 on the main case, It's also a perfectly-proven 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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject to your procedure provided under the relevant rules and not otherwise, to 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 over the evidence.

four.  It has been noticed by this Court that there is really a delay of someday while in the registration of FIR which has not been explained from the complainant. Moreover, there isn't any eye-witness in the alleged prevalence plus the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners continues to be 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 transpired being the real brothers of your deceased but they did not respond in the slightest degree to the confessional statements from the petitioners and calmly saw them leaving, a single 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 look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is not any explanation regarding why her arrest was not effected after making of your alleged extra judicial confession. It has been held on numerous events that extra judicial confession of an accused is really a weak kind of evidence which may be manoeuvred by the prosecution in almost any case where direct connecting evidence does not occur their way. The prosecution is likewise counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word as to existence of some light at the place, where they allegedly noticed the petitioners together on the motorcycle at four.

competent authority and when any appeal or representation is filed the same shall be decided(Promotion)

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This Court may possibly interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached by the disciplinary authority is based on no evidence. When the summary or finding is which include no reasonable person would have ever reached, the Court may interfere with the conclusion or maybe the finding and mould the relief to really make it acceptable to your facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. Within the aforesaid proposition, we've been fortified via the decision with the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

Where there are several members of a court deciding a case, there may be a person or more judgments provided (or reported). Only the reason with the decision with the majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning could possibly be adopted in an argument.

Some pluralist systems, for example Scots regulation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, will not specifically match into the dual common-civil legislation system classifications. These types of systems might have been intensely influenced by the Anglo-American common law tradition; however, their substantive legislation is firmly rooted during the civil law tradition.

Online access on the case management system with the Court of Appeals of Virginia. Cases might be searched using name or case number.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Offered the legal analysis on the topic issue, we are in the view that the claim in the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle just isn't legally sound, Aside here from promotion and seniority, not absolute rights, they are issue to rules and regulations When the recruitment rules of the topic post permit the case on the petitioners for promotion may very well be thought of, however, we are obvious inside our point of view that contractual service cannot be regarded as for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum fitness, matter to availability of vacancy subject matter to the approval from the competent authority.

Consequently, it absolutely was held that the right to a healthy environment was part in the fundamental right to life and right to dignity, under Article 9 and fourteen from 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 enjoy with dignity, legally and constitutionally.

ten. Without touching the merits in the case in the issue of annual increases while in the pensionary emoluments of your petitioner, in terms of policy decision with the provincial government, this kind of yearly increase, if permissible from the case of employees of KMC, calls for further assessment to get made with the court of plenary jurisdiction. KMC's reluctance on account of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more

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In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.