لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is additionally a well-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, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter towards the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to reach at its independent findings over the evidence.
Therefore, this petition is found for being not maintainable and it is dismissed along with the pending application(s), as well as petitioners may well seek out remedies through the civil court process as discussed supra. Read more
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record in the department there is not any record offered whatsoever regarding promotion of the petitioner(Promotion)
This Court could 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 conclusion or finding reached with the disciplinary authority is based on no evidence. In the event the summary or finding is like no reasonable person would have ever attained, the Court could interfere with the summary or perhaps the finding and mildew the relief to make it ideal 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-value the evidence or maybe the nature of punishment. To the aforesaid proposition, we're fortified by the decision with the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 check here SCMR 1757). Read more
Regulation professors traditionally have played a much lesser role in acquiring case regulation in common legislation than professors in civil law. Because court decisions in civil law traditions are historically brief[4] rather than formally amenable to establishing precedent, much on the exposition on the legislation in civil law traditions is finished by teachers alternatively than by judges; this is called doctrine and may be published in treatises or in journals like Recueil Dalloz in France. Historically, common law courts relied small on legal scholarship; Consequently, within the turn of your twentieth century, it absolutely was really unusual to find out an instructional writer quoted in the legal decision (other than Probably to the academic writings of distinguished judges for example Coke and Blackstone).
whether when granting promotion senior employees were thought of for promotion or otherwise and submit the compliance report.(Promotion)
9. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
Apart from the rules of procedure for precedent, the weight specified to any reported judgment could rely upon the reputation of both the reporter and also the judges.[7]
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Because of this, just citing the case is more prone to annoy a judge than help the party’s case. Consider it as calling somebody to inform them you’ve found their lost phone, then telling them you live in this kind of-and-these kinds of community, without actually giving them an address. Driving across the neighborhood trying to find their phone is likely for being more frustrating than it’s really worth.
dismissed as not pressed and sentences awarded on the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )