Courts prioritize fairness and copyright fundamental rights when respecting the autonomy of educational institutions. To the aforesaid proposition, we have been guided via the decision with the Supreme Court within the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court ninety two. nine. The aforesaid exceptions are lacking from the present case. In this sort of circumstances, this petition is found to become not maintainable and it is dismissed accordingly with pending application (s). Read more
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It is additionally a nicely-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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, apply 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 subject 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-take pleasure in the evidence and to arrive at its independent findings within the evidence.
Therefore, this petition is found to generally be not maintainable and is dismissed along with the pending application(s), and also the petitioners may possibly search for remedies through the civil court process as discussed supra. Read more
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Reasonable grounds can be obtained within the record to attach the petitioner with the commission of your alleged offence. While punishment from the alleged offence does not fall in the prohibitory clause of Section 497, Cr.P.C. yet acquired Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is inside the credit from the petitioner as accused, therefore, case on the petitioner falls while in the exception where bail cannot be granted even while in the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, assistance has been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion in the same is hereby reproduced:
Following the decision, NESPAK, as directed, conducted an assessment in the grid project and submitted that ample mitigation measures were in place to render any opportunity adverse impacts negligible. Based on this, the grid station was permitted to get constructed.
This guide supplies important insights into free online resources offering access to Pakistani case law, helping you navigate the complexities of legal research.
The legislation as recognized in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
This case has long been cited in several subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, and also the rule of law.
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؟
This article delves into the intricacies of the recent amendment, accompanied by relevant case legislation, to supply a comprehensive understanding of its implications and realistic applications.
A lower court might not rule against a binding precedent, even though it feels that it's unjust; it may well only express the hope that a higher court or perhaps the legislature will reform the rule in question. If your court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the regulation evolve, it could both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts with the cases; some jurisdictions allow for your judge to recommend that an appeal be carried out.
When the death penalty is irreversible, life imprisonment allows with the possibility of reconsideration or commutation of your sentence in certain circumstances.