Article 199 on the Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It can be properly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is additionally a well-set up 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, apply 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 on the charge, however, that is matter towards 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-enjoy the evidence and to arrive at its independent findings to the evidence.
limitation of liability to your extent of the cap provided from the registered mortgage deed(Banking Legislation)
Deterrence: The concern of severe penalties, such as capital punishment, is meant to deter potential criminals from committing murder. This deterrent effect is crucial in reducing the event of intentional killings.
It's now very well-settled that considerations for pre-arrest and post-arrest bail are absolutely different, therefore, within our view the discovered Judge experienced fallen in error to cancel the bail allowed to petitioner via the same Additional read more Sessions Judge.”
Reasonable grounds can be found around the record to attach the petitioner with the commission with the alleged offence. Although punishment in the alleged offence does not tumble while in the prohibitory clause of Section 497, Cr.P.C. nevertheless discovered Deputy Prosecutor General apprises that another case of similar nature arising out of FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is in the credit in the petitioner as accused, therefore, case from the petitioner falls inside the exception where bail cannot be granted even inside the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, assistance has long been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion on the same is hereby reproduced:
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
This system, to be used by members on the Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.
In simple terms, the section states that any person who commits intentional murder shall be subjected on the death penalty or life imprisonment, along with a potential fine.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and balance. It demonstrates the commitment of your state to protect its citizens and copyright the rule of regulation.
In order to prove murder, there must be an intention to cause the death of that person along with the action of actually injuring them – and that injury subsequently leading to and causing the death of that person.
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fourteen. From the light of the position explained higher than, it is concluded that a civil servant incorporates a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more