misrepresentation case law Can Be Fun For Anyone
misrepresentation case law Can Be Fun For Anyone
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93 . 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, Additionally it is a effectively-proven 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence inside 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 with the charge, however, that is subject towards the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to arrive at its independent findings on the evidence.
Therefore, this petition is found to generally be not maintainable and is also dismissed along with the pending application(s), plus the petitioners may perhaps request remedies through the civil court process as discussed supra. Read more
maintaining the conviction awarded into the appellant reduce the sentence with the appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the topic issue, we have been of the view that the claim from the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle just isn't legally seem, Aside from promotion and seniority, not absolute rights, They're matter to rules and regulations Should the recruitment rules of the topic post allow the case of the petitioners for promotion can be considered, however, we have been very clear inside our point of view that contractual service cannot be thought of for seniority and promotion as the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, subject to availability of vacancy subject matter towards the approval from the competent authority.
This is because transfer orders are typically thought of within the administrative discretion in the employer. However, there could be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the right forum. Read more
ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be very well-settled that while looking at the case of regular promotion of civil servants, the competent authority needs to take into account the benefit of each of the suitable candidates and after owing deliberations, to grant promotion to these suitable candidates who are found to be most meritorious amongst them. Because the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was dismissed through the respondent department just to increase favor to your blue-eyed candidate based on OPS, which is apathy within the part on the respondent department.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 in the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to your person causes death of these person, either by mistake of act or by mistake of fact is claimed to commit qatl-i-khata.”
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VI) The petitioner is at the rear of the bars considering the fact that arrest, investigation of the case is complete, he is not any more essential to the purpose of investigation and at this stage to keep him driving the bars before conclusion of trial will serve no valuable purpose.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and balance. It demonstrates the commitment from the state to protect its citizens and copyright the rule of regulation.
, 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 form of case.
A coalition of residents sent a letter of petition into the Supreme Court to challenge the Water and Power Development Authority’s (WAPDA) construction of the electricity grid station in their neighborhood, on designated “green belt” property. The Court heard website the matter as being a human rights case, as Article 184 (three) with the Pakistan Constitution provides authentic jurisdiction to your Supreme Court to get up and determine any matter concerning the enforcement of fundamental rights of public importance.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.