Courts prioritize fairness and copyright fundamental rights even though respecting the autonomy of educational institutions. Around the aforesaid proposition, we have been guided via the decision from the Supreme Court in the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court ninety two. 9. The aforesaid exceptions are lacking inside the present case. In these kinds of circumstances, this petition is found being not maintainable and is dismissed accordingly with pending application (s). Read more
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, Additionally it is a very well-recognized 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 the fact or evidence during 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 in the charge, however, that is subject matter towards the procedure provided under the relevant rules instead of otherwise, for your 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 to the evidence.
Therefore, this petition is found to generally be not maintainable and is particularly dismissed along with the pending application(s), as well as the petitioners could search for remedies through the civil court process as discussed supra. Read more
Deterrence: The dread of severe implications, such as capital punishment, is meant to prevent possible criminals from committing murder. This deterrent effect is important in reducing the prevalence of intentional killings.
Individual researchers working on defined research projects intended for scholarly work can use the connected form (PDF) to request PACER cost exemptions from multiple courts.
The ICAP Staff Service Rules, 2011 were framed via the respondent/Institute, these rules might not have the operates within a transparent legal and regulatory framework in the respondent/Institute. fourteen. In view of what has become discussed over, without touching the merits with the case, the preliminary objection regarding the maintainability of your petition is sustained and the petition is held to be not maintainable in terms of Article 199 from the Constitution for your reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio from the judgment passed from the Supreme Court inside the case of Pakistan Electric Power Company supra. Read more
only to the ground of miscases remanded & only within the ground of misreading of evidence only around the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
6. Mere involvement in a heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled to the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, since then He's driving the bars, he is previous non-convict, never involved in almost any case, investigation qua him is complete, his person is not any more demanded for further investigation, therefore, his constant incarceration would not serve any helpful purpose at this stage.
Case law, also used interchangeably with common law, is usually a law that is based on precedents, that is the judicial decisions from previous cases, instead than regulation based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when the basic norm underlying a Constitution disappears and a new system is set in its place.
The death penalty, also known as capital punishment, will be the most severe form of punishment for murder under Section 302. It includes the execution from the convicted person like a consequence of their crime.
The case of *R v. Ahmed* exemplifies the sensible application of this amendment and more info its possible to safe financial interests and maintain the integrity from the national currency. As legal practitioners and citizens, an extensive grasp of such changes is important for upholding the principles of justice and contributing to a sturdy legal system.
However, it’s essential to note that the application in the death penalty is subject to several legal safeguards and due process to be sure fair trials.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.