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ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It is additionally a effectively-founded proposition of law 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 conclusion. 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 get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue towards the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings to the evidence.

This Court might interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. In case the summary or finding is which include no reasonable person would have ever reached, the Court might interfere with the conclusion or perhaps the finding and mould the relief to really make it suitable into the facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or maybe the nature of punishment. Over the aforesaid proposition, we are fortified through the decision on the Supreme Court from 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(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

The former means “guilty act” as well as the latter means “guilty mind.” With the omission from the intention, the commission from the act alone just isn't adequate to gain a conviction for that crime. This can be a basic principle that all legislation students are very well acquainted with.

Because of their position between the two main systems of regulation, these types of legal systems are sometimes referred to as blended systems of law.

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If a sufferer is shot at point-blank assortment, it may still be fair to infer that the accused meant death. However, that isn't always the case.

Binding Precedent – A rule or principle set up by a court, which other courts are obligated to abide by.

This system, for use by members with the Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.

This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station because of prospective health risks and hazards.

In the event the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't experienced a chance to answer the grievance and attempt to resolve it. In some cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only done if the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to guide evidence and also the petitioner company responded on the allegations as a result they were very well mindful of the allegations and led the evidence as a result this point is ofno use for being appeared into in constitutional jurisdiction at this stage. Read more

Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Except if case is experimented with(Bail Matters)

However, it’s essential to note that the application of your death penalty is topic to several legal safeguards and thanks process to make sure fair trials.

dismissed as not pressed and sentences website awarded on the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )