The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
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 also a well-founded 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence inside the Stricto-Sensu, apply 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 of your charge, however, that is topic on the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to reach at its independent findings about the evidence.
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment to the grounds of extenuating circumstances. The court acknowledged that though the crime of murder was set up, the offender experienced a history of mental illness, which played a significant role in committing the offense. This case established a precedent for thinking of mitigating factors during sentencing.
12. There is not any denial from the fact that in Government service it is expected that the persons obtaining their character higher than board, free from any moral stigma, are to get inducted. Verification of character and antecedents is often a condition precedent for appointment to a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed into a Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to accomplish absent 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-25 Approved for Reporting WhatsApp
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—is the principle by which judges are bound to these types of past decisions, drawing on recognized judicial authority to formulate their positions.
For the foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above mentioned terms. Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the topic issue, we've been of the view that the claim of your petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is not legally sound, In addition to promotion and seniority, not absolute rights, They may be matter to rules and regulations In case the recruitment rules of the subject post allow the case of the petitioners for promotion can be considered, however, we've been clear inside 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 Physical fitness, issue to availability of vacancy topic on the approval with the competent authority. Read more
A year later, Frank and Adel have a similar challenge. When they sue their landlord, the court must use the previous court’s decision in implementing the law. This example of case regulation refers to two cases listened to within the state court, with the same level.
In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Although the pair experienced two younger children of their very own at home, the social worker did not inform them about the boy’s history of both being abused, and abusing other children. When she made her report on the court the following day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the couple had young children.
All bankruptcy courts have a telephone information system, also known as being the Voice Case Information System, that permits callers to get primary case information through a touchtone phone. This is free to make use of and obtainable 24 hrs every day.
As a result, it was held that the right to the healthy environment was part on the fundamental right to life and right to dignity, under Article nine and 14 on the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all aspects of human existence, all these types of amenities and services that a person is entitled click here to enjoy with dignity, legally and constitutionally.
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13309-B of 2010 for being weak types of evidence and also the evidentiary value whereof would be noticed on the time in the trial. The investigation of this case has already been finalized and, Hence, confirmed custody on the petitioner in jail is unlikely to serve any valuable purpose at this stage.”
one hundred fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance in the respondents that pensionary benefits may very well be withheld on account in the allegations leveled against the petitioner, within our view, section 20 on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension can be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions set because of the government.