The case laws on temporary resicence ordinance 2015 Diaries
The case laws on temporary resicence ordinance 2015 Diaries
Blog Article
However, in an effort to strike a balance between the rights of citizens plus the plans that are executed via the authorities with the welfare, economic progress and prosperity from the place, the Court didn't generate a definitive ruling about the pending construction on the grid station, but, with the consent of both parties, ordered a review and report of grid project via the National Engineering Services of Pakistan (NESPAK) to suggest alterations and location alternatives.
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, Additionally it is a very 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 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, apply 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 in the charge, however, that is subject into the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings to the evidence.
These platforms empower individuals to understand their legal rights and obligations, selling a more informed and just society.
Information on accessing opinions and case-related documents to the Supreme Court of your United States is available about the court’s website.
R.O, Office, Gujranwala as well as the police officials did not inform him that the identification parade in the accused has not been conducted however. In the instant case, now the accused tried to get advantage of This system aired by SAMAA News, wherein the image of your petitioner was greatly circulated. The police should not have exposed the identity on the accused through electronic media. The legislation lends assurance to your accused that the identity should not be subjected to the witnesses, particularly for the witness to recognize the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and made pictures. In addition to, the images shown within the media reveal that a mask wasn't placed over the accused to cover his identity right until he was put up for an identification parade. Making pictures with the accused publically, both by showing the same into the witness or by publicizing the same in almost any newspaper or plan, would create doubt while in the proceedings on the identification parade. The Investigating Officer has to guarantee that there is not any chance for that witness to begin to see the accused before going towards the identification parade. The accused should not be shown for the witness in person or through any other mode, i.e., photograph, video-graph, or even the press or electronic media. Offered the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
The recent amendment to Section 489-File on the Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the law with contemporary challenges.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the subject issue, we have been from 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 audio, Other than promotion and seniority, not absolute rights, They can be issue to rules and regulations if the recruitment rules of the subject post allow the case on the petitioners for promotion might be considered, however, we have been apparent within our point of view that contractual service cannot be considered for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health, topic to availability of vacancy matter on the approval from the competent authority. Read more
The court cannot listen to the transfer order challenge because it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders keeping in view that among the list of respondents has retired from service as pointed out through the counsel for the respondent university. twelve. The petition and applications pending therein stand dismissed with no order regarding costs. Read more
This ruling has conditions, and Considering that the petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. 9. In view of the above mentioned facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
This case has become cited in many subsequent judgments, particularly in cases involving constitutional law, judicial independence, along with the rule of law.
Alternative Punishment: In a few cases, the court might have the discretion to award life imprisonment as an alternative into the death penalty. Life imprisonment entails the offender spending the rest of their life powering bars without the possibility of parole or early release.
, which is Latin for “stand by decided matters.” This means that website a court will be bound to rule in accordance with a previously made ruling to the same form of case.
In the event the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had an opportunity to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only accomplished In case the employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to lead evidence and the petitioner company responded on the allegations as a result they were nicely aware of the allegations and led the evidence therefore this point is ofno use to get looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
The residents argued that the high-voltage grid station would pose a health risk and prospective hazard to local residents. Ultimately, the court determined the scientific evidence inconclusive, though observing the general craze supports that electromagnetic fields have unfavorable effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle established out inside the 1992 Rio Declaration around the Environment and Progress, the first international instrument that linked environment protection with human rights, whereby the lack of full scientific certainty should not be used for a reason to prevent environmental degradation.