The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
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Taking another person’s life is a heinous crime that devastates households, communities, and society as a whole. The severe punishment serves as a deterrent to prospective offenders and seeks to copyright the sanctity of human life.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It's also a properly-established 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 a fact or evidence during the Stricto-Sensu, implement 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 issue on the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings around the evidence.
This Court might interfere where the authority held the proceedings against the delinquent officer within a way 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 with the disciplinary authority is based on no evidence. Should the conclusion or finding is like no reasonable person would have ever attained, the Court may well interfere with the conclusion or perhaps the finding and mold the relief to really make it correct to the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. Over the aforesaid proposition, we've been fortified through the decision with the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
maintaining the conviction awarded towards the appellant reduce the sentence with the appellant from imprisonment for life to 1 already undergone(Pakistan Penal Code)
record in the department there is not any record obtainable whatsoever regarding promotion on the petitioner(Promotion)
Power to levy tax and to legislate on immovable property like tax on once-a-year rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice to the loss of the life. It allows the legal system to impose a proportional punishment around the offender, guaranteeing They are really held accountable for their actions.
The Court regarded as the case to become maintainable under Article 184 (3) since the danger and encroachment alleged were such as to violate the constitutional right to life when interpreted expansively.
Pakistani legal citations typically consist of the year, court, and case number. Familiarizing yourself with this format will help you promptly Identify the cases you need. Several free case regulation websites allow you to search directly using citations.
This case has been cited in various subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, as well as rule of legislation.
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 check here into a person, by executing an act which during 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 probability cause death, causes the death from the this sort of person, is claimed to commit qatl-i-amd/murder”
In addition, it addresses the limitation period under Article 91 and a hundred and twenty of your Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
This section specifically relates to civil servants who're rendered surplus because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, will not be subject matter towards the provisions in the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the employing organization. Therefore, the provisions of Section 11-A, including the possibility of being posted to another department, would not implement to non-civil servants. Read more