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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, It is usually a nicely-set up 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, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject matter on the procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings over the evidence.
The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal hasn't challenged(Criminal Jail Appeal )
competent authority and if any appeal or representation is filed the same shall be decided(Promotion)
94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually well-settled that the civil servants must first go after internal appeals within ninety days. When the appeal is just not decided within that timeframe, he/she will be able to then method the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the ninety times for that department to act has already expired. Within the aforesaid proposition, we are guided with the decision with the Supreme Court from the case of Dr.
4. It goes without stating that observations made hereinabove are merely tentative in nature and strictly confined to the disposal of immediate bail petition.
be founded without an iota of doubt in all other jurisdictions) will be inferred. This is usually a horrifying reality, an especially lower threshold for an offence that carries capital punishment.
In fact, this provision nullifies the difference between manslaughter and check here 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 a person causes death of this sort of person, possibly by mistake of act or by mistake of fact is claimed to commit qatl-i-khata.”
department concerned shall supply the complete set of ACRs of your concerned officer to DPC nicely in advance cases for promotin(Promotion)
Knowledge with the accused is actually a matter to get inferred from the circumstances, for it being a state of mind, is very difficult to become proved otherwise.”
The scrupulous reader may well have noticed something earlier mentioned: a flaw. Further than the first seven words, the definition focuses on the intention to cause “Injury,” not the intention to cause death. The 2 primary elements that must be proven in order to convict a person of the crime are “
, 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 on the same variety of case.
Persuasive Authority – Prior court rulings that might be consulted in deciding a current case. It may be used to guide the court, but is just not binding precedent.
Although the death penalty is irreversible, life imprisonment allows for that possibility of reconsideration or commutation on the sentence in certain circumstances.