A Review Of case laws on bail
A Review Of case laws on bail
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In addition to your primary punishment, the court may additionally impose a fine within the offender. The fine’s amount is at the discretion of your court and is meant to serve as an additional deterrent.
ninety three . 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-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 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 during the Stricto-Sensu, utilize 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 from the charge, however, that is subject matter for the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to reach at its independent findings about the evidence.
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criminal revision application is dismissed. reduced to the period of his detention in jail he has already undergone(Criminal Revision )
This Court may possibly interfere where the authority held the proceedings against the delinquent officer within 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 achieved from 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 could interfere with the summary or maybe the finding and mold the relief to make it acceptable into the facts of each case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or perhaps the nature of punishment. Within the aforesaid proposition, read more we have been fortified by the decision of your Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government businesses in regards to projects that could probably pose a public risk. This case is additionally noteworthy, “because it laid down the foundations of all long run public interest litigation brought before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found within 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.
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 applying the law. This example of case regulation refers to two cases read during the state court, at the same level.
nine. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
Knowledge with the accused is often a matter being inferred from the circumstances, for it being a state of mind, is very hard to become proved otherwise.”
Alternative Punishment: In a few cases, the court may have the discretion to award life imprisonment as an alternative into the death penalty. Life imprisonment entails the offender spending the remainder of their life behind bars without the possibility of parole or early release.
Generally speaking, higher courts will not have direct oversight over the reduce courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments with the reduced courts.
fourteen. During the light of the position explained higher than, it is concluded that a civil servant has a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded as 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 during the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Read more