Courts prioritize fairness and copyright fundamental rights whilst respecting the autonomy of educational institutions. To the aforesaid proposition, we've been guided by the decision of the Supreme Court within the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court ninety two. nine. The aforesaid exceptions are lacking while in the present case. In these circumstances, this petition is found to get not maintainable and it is dismissed accordingly with pending application (s). Read more
“The evidence regarding wajtakkar and extra-judicial confession being relied upon via the prosecution against the petitioner and his previously mentioned mentioned co-accused namely Hussain Bakhsh has already been opined because of the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
This Court may well interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding attained via the disciplinary authority is based on no evidence. When the summary or finding is such as no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or perhaps the finding and mold the relief to make it acceptable to the facts of each 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-appreciate the evidence or the nature of punishment. On the aforesaid proposition, we've been fortified by the decision on the Supreme Court from 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(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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criminal revision application is dismissed. reduced for the period of his detention in jail he has already undergone(Criminal Revision )
Reasonable grounds are offered to the record to attach the petitioner with the commission of the alleged offence. Nevertheless punishment with the alleged offence does not tumble during the prohibitory clause of Section 497, Cr.P.C. nonetheless uncovered Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is from the credit on the petitioner as accused, therefore, case from the petitioner falls while in the exception where bail cannot be granted even while in the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, assistance has been sought from the case of “Muhammad Imran versus The State and get more info others” (PLD 2021 Supreme Court 903); relevant portion in the same is hereby reproduced:
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the subject issue, we are of the view that the claim of your petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is not really legally seem, Other than promotion and seniority, not absolute rights, They are really issue to rules and regulations If your recruitment rules of the topic post permit the case of the petitioners for promotion might be regarded as, however, we're distinct in our point of view that contractual service cannot be regarded for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Physical fitness, topic to availability of vacancy matter to your approval with the competent authority. Read more
Any court may perhaps seek to distinguish the present case from that of the binding precedent, to reach a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to a higher court.
P.C. Liability of petitioners for the stated offences would be determined through the realized trial Court after sifting the evidentiary worthy of with the material manufactured before the same. Till then, case of
The law of necessity identified and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
Case regulation, 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 these resources democratizes legal knowledge, empowering citizens and selling transparency.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same variety of case.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, along with the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as being a legally acknowledged conviction. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination of your current case are called obiter dicta, which constitute persuasive authority but are usually not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[4]