Courts prioritize fairness and copyright fundamental rights while respecting the autonomy of educational institutions. Over the aforesaid proposition, we've been guided because of the decision on the Supreme Court while in the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. nine. The aforesaid exceptions are lacking during the present case. In these circumstances, this petition is found being not maintainable and it is dismissed accordingly with pending application (s). Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative from the legislation laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Consequently, the competent authority from the parent department from the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and pay out the pension amount and other ancillary benefits into the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority with the respondent can also be directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
four. Record shows that the petitioner has been booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the moment case. Despite the fact that the petitioner has obtained bail in Individuals cases, it does, prima facie, establish that the petitioner is vulnerable to repeating the offence.
competent authority and if any appeal or representation is filed the same shall be decided(Promotion)
three. I have listened to the learned counsel for that parties and have long gone through the record of this case with their capable assistance.
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 to the main case, It's also a perfectly-set up proposition of regulation 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 the fact or evidence within the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is matter into the procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings about the evidence.
Where there are several members of a court deciding a case, there can be just one or more judgments given (or reported). Only the reason for the decision from the majority can represent a binding precedent, but all can be cited as persuasive, or their reasoning can be adopted within an argument.
Any court may possibly seek out to distinguish the present case from that of a binding precedent, to reach a different summary. The validity of this type of distinction might or might not be accepted on appeal of that judgment to the higher court.
nine. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
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Case legislation, also known as precedent, forms the foundation in the Pakistani legal system. Understanding relevant judgments and rulings is critical for interpreting statutes and predicting legal outcomes. Free access to those resources democratizes legal knowledge, empowering citizens and endorsing transparency.
She did note that the boy still needed substantial therapy in order to manage with his abusive past, and “to reach the point of being Safe and sound with other children.” The boy was getting counseling with a DCFS therapist. Again, the court approved of your actions.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, along with the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release to be a legally recognized conviction. Read more
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