Courts prioritize fairness and copyright fundamental rights although respecting the autonomy of educational institutions. Within the aforesaid proposition, we are guided from the decision of the Supreme Court during the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court ninety two. 9. The aforesaid exceptions are lacking from the present case. In these circumstances, this petition is found to get not maintainable and is also dismissed accordingly with pending application (s). Read more
Its enforcement with the provision of capital punishment or life imprisonment underscores the value of human life as well as importance of maintaining regulation and order in society.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer within a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding reached because of the disciplinary authority is based on no evidence. When the conclusion or finding is for example no reasonable person would have ever reached, the Court could interfere with the summary or even the finding and mold the relief to make it proper into the facts of every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or even the nature of punishment. On the aforesaid proposition, we've been fortified from the decision of the Supreme Court during 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-25 Approved for Reporting WhatsApp
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prolonged period petitioner was not viewed as for promotion, meeting of your departmental promotion committee and take into account the petitioner (Promotion)
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, It is additionally a properly-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 succeed in 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 summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is topic into the procedure provided under the relevant rules rather than otherwise, for that 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 around the evidence.
S. Supreme Court. Generally speaking, proper case citation features the names of the parties to the initial case, the court in which the case was heard, the date it had been decided, and the book in which it really is recorded. Different citation requirements may perhaps contain italicized or underlined text, and certain specific abbreviations.
6. Mere involvement inside a heinous offence is not any ground for refusing bail to an accused who otherwise becomes entitled to the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, given that then He's behind the bars, He's previous non-convict, never involved in any case, investigation qua him is complete, his person isn't any more needed for further investigation, therefore, his constant incarceration would not serve any beneficial purpose at this stage.
The regulation as recognized in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when the basic norm underlying a Constitution disappears in addition to a new system is place in its place.
How much sway case law holds may possibly range by jurisdiction, and by the precise circumstances in the current case. To take a look at this concept, consider the following case legislation definition.
one. Judicial Independence: The court emphasized the importance of judicial independence as well as the separation of powers.
In order to preserve a uniform website enforcement from the laws, the legal system adheres to the doctrine of stare decisis
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.