New Step by Step Map For speaker production order jurisdiction case law in india
New Step by Step Map For speaker production order jurisdiction case law in india
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77 . 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 moment Petition under Article 199 with the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
However, If your same person were charged with section three hundred and 302, their defence that they never intended to destroy the person – and that They simply desired to injure them or incapacitate them –, will are unsuccessful, because the elements in the offence only call for the intent to cause injury being proven, not the intention to cause death.
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment to the grounds of extenuating circumstances. The court acknowledged that when the crime of murder was recognized, the offender experienced a history of mental illness, which played a significant role in committing the offense. This case established a precedent for looking at mitigating factors during sentencing.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
Preceding 4 tax years interpreted. It's not at all from the date of finalisation of audit but from the tax year involved. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to the main case, It's also a properly-established proposition of legislation 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 achieve 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 inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty get more info with the charge, however, that is issue on 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 reach at its independent findings around the evidence.
only on the ground of miscases remanded & only around the ground of misreading of evidence only to the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
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9. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request for the appellate court.
When the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not had an opportunity to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may perhaps allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only done Should the employee can show that they'd a good reason for not serving the grievance notice. While in the present case, the parties were allowed to lead evidence as well as petitioner company responded to your allegations as such they were perfectly conscious of the allegations and led the evidence therefore this point is ofno use for being seemed into in constitutional jurisdiction at this stage. Read more
ten. Without touching the merits with the case from the issue of yearly increases from the pensionary emoluments on the petitioner, in terms of policy decision in the provincial government, this sort of once-a-year increase, if permissible inside the case of employees of KMC, necessitates further assessment to get made through the court of plenary jurisdiction. KMC's reluctance due to funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
Because of this, merely citing the case is more prone to annoy a judge than help the party’s case. Think about it as calling anyone to tell them you’ve found their misplaced phone, then telling them you live in these-and-this kind of neighborhood, without actually giving them an address. Driving throughout the community looking to find their phone is probably going to be more frustrating than it’s truly worth.
14. Inside the light of the position explained above, it's concluded that a civil servant includes a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the length of service or in the form of inquiry and departmental action was so taken against his right of promotion. Read more