Extra username and password are demanded for this resource. See Username and password webpage for details
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, Additionally it is a effectively-set up 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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue for the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to reach at its independent findings within the evidence.
These lists are sorted chronologically by Chief Justice and incorporate all notable cases decided via the court. Articles exist for almost all cases.
Whilst there is not any prohibition against referring to case law from a state other than the state in which the case is being read, it holds tiny sway. Still, if there is no precedent while in the home state, relevant case law from another state might be deemed via the court.
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is predicted that the persons obtaining their character above board, free from any moral stigma, are to get inducted. Verification of character and antecedents is actually a condition precedent for appointment to the 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 to your Government service will be 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 do absent with the candidature of the petitioner. 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 in the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
Following the decision, NESPAK, as directed, conducted an assessment with the grid project and submitted that ample mitigation measures were in place to render any likely adverse impacts negligible. Based on this, the grid station was permitted to be developed.
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 these types of person, both by mistake of act or by mistake of fact is said to commit qatl-i-khata.”
Section 302 with the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject to the most severe form of punishment permissible under Pakistani law.
If granted absolute immunity, the parties would not only be protected from liability while in the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request for the appellate court.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses like self-defense, insanity, or accidental killing, which might lead to reduced charges or acquittal.
Article 199 in the Constitution allows High Court intervention only when "no other enough remedy is provided by regulation." It can be very well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a healthy environment. This decision is particularly significant as there aren't any specific provisions within the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it is important that the case recognized the application from the precautionary principle where there is usually a risk to environmental rights, and emphasised the positive obligations from the State in protecting the right to the clean and healthy environment.
Pakistan’s legal system is just not without flaws: overhauling is overdue plus the law regarding murder needs significant reconsideration and clarification. For that time being, the minimum that can be achieved is to ensure that the First Investigation Report latest case laws (FIR) is registered with honesty and after properly ascertaining the facts.