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93 . 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, Additionally it is a very well-recognized 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 in the Stricto-Sensu, utilize 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 from the charge, however, that is subject into the procedure provided under the relevant rules instead of 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 around the evidence.
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The said recovery could possibly be used, at the most, for corroboration from the main evidence, but by itself it cannot certainly be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The claimed memo of pointation is irrelevant and inadmissible as nothing at all was discovered due to these types of pointation. The place of prevalence as well as the place of throwing the dead body were already while in the knowledge of witnesses just before their pointation because of the petitioners. Reliance is additionally placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held via the august Supreme Court of Pakistan as under:
Article 27 of the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment at the same time. The disparity within the shell out scale allowances of Stenographers from the District Judiciary is while in the distinct negation of the regulation laid down via the Supreme Court in its a variety of pronouncements. Read more
S. Supreme Court. Generally speaking, proper case citation involves the names of the parties to the original case, the court in which the case was listened to, the date it had read more been decided, and the book in which it really is recorded. Different citation requirements may well include italicized or underlined text, and certain specific abbreviations.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 with the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to some person causes death of such person, possibly by mistake of act or by mistake of fact is said to commit qatl-i-khata.”
Pakistani legal citations typically include things like the year, court, and case number. Familiarizing yourself with this format will help you immediately Track down the cases you need. Lots of free case regulation websites allow you to search directly using citations.
2. I have read the learned counsel for your parties together with uncovered DPG at length, perused the record and observed that:-
How much sway case legislation holds may well differ by jurisdiction, and by the exact circumstances in the current case. To investigate this concept, look at the following case regulation definition.
3. Rule of Legislation: The court reiterated the importance of upholding the rule of legislation and guaranteeing that all institutions function within their constitutional mandates.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to your healthy environment. This decision is particularly significant as there are not any specific provisions within the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it can be important that the case founded the application from the precautionary principle where there is often a danger to environmental rights, and emphasized the positive obligations on the State in protecting the right into a clean and healthy environment.
14. Inside the light of your position explained earlier mentioned, it can be concluded that a civil servant incorporates a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Read more