The Definitive Guide to immigration law case management system
The Definitive Guide to immigration law case management system
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seventy seven . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It's also a perfectly-recognized 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 reach a finding of fact or summary. 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 conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is matter into the procedure provided under the relevant rules and never otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings on the evidence.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. When the conclusion or finding is which include no reasonable person would have ever attained, the Court may well interfere with the conclusion or even the finding and mildew the relief to really make it ideal to the facts of every case. In read more service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or maybe the nature of punishment. About the aforesaid proposition, we are fortified with the decision from 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
competent authority and when any appeal or representation is filed the same shall be decided(Promotion)
It is now nicely-settled that considerations for pre-arrest and post-arrest bail are totally different, therefore, in our view the acquired Judge had fallen in error to cancel the bail allowed to petitioner by the same Additional Sessions Judge.”
Reasonable grounds can be found over the record to connect the petitioner with the commission with the alleged offence. Even though punishment on the alleged offence does not drop while in the prohibitory clause of Section 497, Cr.P.C. but realized Deputy Prosecutor General apprises that another case of similar nature arising from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is during the credit in the petitioner as accused, therefore, case with the petitioner falls during the exception where bail cannot be granted even during the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, guidance is sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of the same is hereby reproduced:
If a victim is shot at point-blank assortment, it might still be fair to infer that the accused meant death. However, that is not really always the case.
A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must make use of the previous court’s decision in implementing the law. This example of case legislation refers to 2 cases heard while in the state court, at the same level.
after release from the prison he misplaced interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )
I) The above mentioned referred case FIR, with the murder of deceased namely Muhammad Sajjad, was registered within the complaint of Muhammad Sharif son of Ghulam Farid that is father of the petitioner and as per story of FIR, the petitioner is really an eyewkness with the event.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and stability. It demonstrates the commitment in the state to protect its citizens and copyright the rule of law.
This article delves into the intricacies of the recent amendment, accompanied by relevant case regulation, to provide an extensive understanding of its implications and simple applications.
Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It may be used to guide the court, but is not really binding precedent.
The Roes accompanied the boy to his therapy sessions. When they were told of your boy’s past, they asked if their children were Risk-free with him in their home. The therapist assured them that that they had very little to fret about.