Just a couple years ago, searching for case precedent was a complicated and time consuming endeavor, necessitating men and women to search through print copies of case legislation, or to pay for access to commercial online databases. Today, the internet has opened up a number of case law search prospects, and many sources offer free access to case law.
93 . 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, It is additionally a effectively-set up 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 succeed in 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 obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue for 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-appreciate the evidence and to arrive at its independent findings over the evidence.
Therefore, this petition is found being not maintainable and is dismissed along with the pending application(s), as well as petitioners may perhaps seek remedies through the civil court process as discussed supra. Read more
Deterrence: The worry of severe consequences, including capital punishment, is meant to discourage potential criminals from committing murder. This deterrent effect is crucial in reducing the prevalence of intentional killings.
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 possessing their character previously mentioned board, free from any moral stigma, are being inducted. Verification of character and antecedents is a condition precedent for appointment to your 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 could 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 perform away with the candidature from the petitioner. Read more
Power to levy tax and also to legislate on immovable property such as tax on once-a-year rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed a notice and comment restriction on government agencies in regards to projects that could probably pose a public risk. This case can be noteworthy, “because it laid down the foundations of all potential public interest litigation brought before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is a right to life itself.
Electronic and paper court records retained within the court site may be viewed for the courthouse for free, however there is a payment of ten cents per page to print from a public access terminal.
Typically, only an appeal accepted via the court of very last resort will resolve this sort of differences and, For a lot of reasons, such appeals will often be not granted.
When many websites offer free case legislation, not all are equally reliable. It’s crucial To guage the credibility of the source before counting on the information.
Case law, also known as precedent, forms the foundation of your Pakistani legal system. Understanding relevant judgments and rulings is crucial for interpreting statutes and predicting legal results. Free access to those resources democratizes legal knowledge, empowering citizens and advertising and marketing transparency.
Generally speaking, higher courts usually do not have direct oversight over the decreased courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments on the decreased courts.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be very well recognized now that the provision for proforma promotion will not be alien or unfamiliar on the civil servant service construction but it is already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may if satisfied that a civil servant who was entitled to get promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service to your Federation/ province from the higher post, direct that this sort of civil servant shall be paid the arrears of spend and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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 with the respondents that pensionary benefits may very well be withheld on account of your allegations leveled against the petitioner, inside our view, section 20 in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does give for certain circumstances under which a civil servant's pension may be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a serious crime, their pension can be get more info withheld or reduced. In certain cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions set because of the government.