Examine This Report on case law on section 395 ppc convictions
Examine This Report on case law on section 395 ppc convictions
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77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
ninety three . 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 usually a nicely-proven 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 reach 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 while in the Stricto-Sensu, use 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 with the charge, however, that is subject matter towards the procedure provided under the relevant rules instead of otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to arrive at its independent findings on the evidence.
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12. There is no denial from the fact that in Government service it is expected that the persons obtaining their character above board, free from any moral stigma, are to become inducted. Verification of character and antecedents can be a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to do away with the candidature from the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 133 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
Preceding 4 tax years interpreted. It's not from the date of finalisation of audit but from the tax year involved. Read more
eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
The ruling of your first court created case law that must be followed by other courts right up until or unless both new legislation is created, or simply a higher check here court rules differently.
whether even though granting promotion senior employees were regarded for promotion or otherwise and submit the compliance report.(Promotion)
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and also the case under appeal, Probably overruling the previous case regulation by setting a completely new precedent of higher authority. This may occur several times given that the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later from the Court of Appeal, provided a famous example of this evolutionary process in his growth on the concept of estoppel starting while in the High Trees case.
To invoke section 300 and 302 just because death has occurred is the greatest tragedy of all. It does the precise opposite of what a legal system is there to carry out, i.e. secure its citizens.
A coalition of residents sent a letter of petition to the Supreme Court to challenge the Water and Power Development Authority’s (WAPDA) construction of the electricity grid station in their community, on designated “green belt” property. The Court heard the matter like a human rights case, as Article 184 (3) of the Pakistan Constitution offers authentic jurisdiction to the Supreme Court to take up and determine any matter concerning the enforcement of fundamental rights of public importance.
115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits might be withheld on account of the allegations leveled against the petitioner, inside our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension could be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In certain cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established by the government.