The best Side of case law 395 ppc acquittal
The best Side of case law 395 ppc acquittal
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Case files might also be accessed from the public access terminals while in the clerk’s office with the court where the case was filed.
Generally, the burden rests with litigants to appeal rulings (which includes Individuals in distinct violation of set up case regulation) on the higher courts. If a judge acts against precedent, along with the case is not appealed, the decision will stand.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the subject issue, we've been of your view that the claim on the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle isn't legally sound, besides promotion and seniority, not absolute rights, These are matter to rules and regulations Should the recruitment rules of the subject post permit the case of the petitioners for promotion might be deemed, however, we've been crystal clear in our point of view that contractual service cannot be viewed as for seniority and promotion given that the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy matter to your approval of the competent authority.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 to your main case, It is usually a well-established 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 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, 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 from the charge, however, that is subject to the procedure provided under the relevant rules and not otherwise, for that 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 over the evidence.
only about the ground of miscases remanded & only over the ground of misreading of evidence only around the ground of misreading of evidence . disposed of(Sindh Rented Premises website Ordinance, 1979)
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 of your Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to the person causes death of such person, either by mistake of act or by mistake of fact is said to commit qatl-i-khata.”
after release from the prison he dropped interest to contest the instant appeal , appeal is dismissed (Criminal Jail Appeal )
This case continues to be cited in several subsequent judgments, particularly in cases involving constitutional regulation, judicial independence, and also the rule of law.
Finally, a vital contribution of this case which was accepted for consideration because of the Court under Article 184 (3), is setting a precedent which allows for much easier access on the public to approach the superior courts as well as subordinate courts on environment related issues.
To invoke section three hundred and 302 just because death has occurred is the most important tragedy of all. It does the precise opposite of what a legal system is there to perform, i.e. safe its citizens.
A coalition of residents sent a letter of petition towards the Supreme Court to challenge the Water and Power Development Authority’s (WAPDA) construction of an electricity grid station in their community, on designated “green belt” property. The Court read the matter as a human rights case, as Article 184 (three) on the Pakistan Constitution delivers original jurisdiction towards the Supreme Court to acquire up and determine any matter concerning the enforcement of fundamental rights of public importance.
The residents argued that the high-voltage grid station would pose a health risk and opportunity hazard to local residents. In the long run, the court determined the scientific evidence inconclusive, although observing the general trend supports that electromagnetic fields have detrimental effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle set out in the 1992 Rio Declaration over the Environment and Improvement, the first international instrument that linked environment protection with human rights, whereby The dearth of full scientific certainty should not be used for a reason to prevent environmental degradation.