5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
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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 usually a effectively-founded 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 in 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 of your charge, however, that is issue to the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to arrive at its independent findings around the evidence.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached through the disciplinary authority is based on no evidence. When the summary or finding is which include no reasonable person would have ever achieved, the Court could interfere with the conclusion or maybe the finding and mildew the relief to really make it acceptable for the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or perhaps the nature of punishment. On the aforesaid proposition, we have been fortified through the decision with the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Some bodies are supplied statutory powers to issue direction with persuasive authority or similar statutory effect, such as the Highway Code.
It is currently nicely-settled that considerations for pre-arrest and post-arrest bail are entirely different, therefore, in our view the uncovered Judge experienced fallen in error to cancel the here bail allowed to petitioner with the same Additional Sessions Judge.”
The recent amendment to Section 489-File of 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.
If a victim is shot at point-blank array, it could still be fair to infer that the accused meant death. However, that isn't always the case.
6. Mere involvement inside a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled for that concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, given that then he is driving the bars, He's previous non-convict, never involved in any case, investigation qua him is complete, his person isn't any more demanded for further investigation, therefore, his steady incarceration would not provide any advantageous purpose at this stage.
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves legal transfer of title. Agreement to sell must be produced and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station due to potential health risks and dangers.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and security. It demonstrates the commitment on the state to protect its citizens and copyright the rule of legislation.
The case of *R v. Ahmed* exemplifies the sensible application of this amendment and its opportunity to secure economic interests and maintain the integrity from the national currency. As legal practitioners and citizens, a comprehensive grasp of those changes is significant for upholding the principles of justice and contributing to a strong legal system.
A decreased court may well not rule against a binding precedent, even when it feels that it is unjust; it could only express the hope that a higher court or maybe the legislature will reform the rule in question. If the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the regulation evolve, it might both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for just a judge to recommend that an appeal be completed.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary on the determination on the current case are called obiter dicta, which represent persuasive authority but are not technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[4]