Courts prioritize fairness and copyright fundamental rights although respecting the autonomy of educational institutions. Around the aforesaid proposition, we are guided with the decision of the Supreme Court during the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. nine. The aforesaid exceptions are missing within the present case. In this kind of circumstances, this petition is found to be not maintainable and it is dismissed accordingly with pending application (s). Read more
“The evidence regarding wajtakkar and extra-judicial confession being relied upon through the prosecution against the petitioner and his earlier mentioned mentioned co-accused namely Hussain Bakhsh has already been opined by the Lahore High Court, Lahore in its order dated 2-12-2010 passed in Criminal Miscellaneous No.
V) During investigation, the Investigating Officer concluded that hearth-arm injury which was fatal towards the deceased was caused via the petitioner but in support of opinion with the Investigating Officer no iota of evidence is available over the file and mere ipsi dixit of police isn't binding over the Court.
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criminal revision application is dismissed. reduced to your period of his detention in jail he has already undergone(Criminal Revision )
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 for the main case, It's also a properly-founded 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 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 from 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 of the charge, however, that is matter into the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings around the evidence.
seventy three . read more Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Touching on the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition could be dismissed. This is because service on the grievance notice is often a mandatory need and also a precondition for filing a grievance petition. The regulation needs that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. When the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 of your Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm into a person causes death of this kind of person, both by mistake of act or by mistake of fact is alleged to commit qatl-i-khata.”
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When the petitioner is actually present with the place of incidence without causing any injury to your deceased or PWs then in these types of circumstances, whether He's vicariously liable shall be decided with the uncovered trial Court after recording with the evidence.
How much sway case law holds may vary by jurisdiction, and by the exact circumstances of the current case. To examine this concept, evaluate the following case regulation definition.
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A coalition of residents sent a letter of petition towards the Supreme Court to challenge the Water and Power Advancement Authority’s (WAPDA) construction of an electricity grid station in their neighborhood, on designated “green belt” property. The Court listened to the matter as being a human rights case, as Article 184 (3) of the Pakistan Constitution gives first jurisdiction on the Supreme Court to get up and determine any matter concerning the enforcement of fundamental rights of public importance.
The residents argued that the high-voltage grid station would pose a health risk and opportunity hazard to local residents. In the long run, the court determined the scientific evidence inconclusive, although observing the general development supports that electromagnetic fields have adverse effects on human health. The Court accepted the petitioner’s argument that it should adopt the precautionary principle established out while in the 1992 Rio Declaration around the Environment and Progress, the first international instrument that linked environment protection with human rights, whereby the lack of full scientific certainty should not be used being a reason to prevent environmental degradation.
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