Indicators on banking law cases You Should Know
Indicators on banking law cases You Should Know
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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 on the main case, Additionally it is a effectively-established 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 succeed in 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 while in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject to your procedure provided under the relevant rules and never otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings around the evidence.
This Court could interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved through the disciplinary authority is based on no evidence. When the summary or finding is for instance no reasonable person would have ever arrived at, the Court may possibly interfere with the summary or even the finding and mould the relief to make it ideal towards the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or even the nature of punishment. To the aforesaid proposition, we've been fortified through the decision of the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is expected that the persons owning their character earlier mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment into a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to try and do away with the candidature in the petitioner. Read more
The ICAP Staff Service Rules, 2011 were framed via the respondent/Institute, these rules might not have the operates within a transparent legal and regulatory framework on the respondent/Institute. 14. In view of what has actually been discussed previously mentioned, without touching the merits of your case, the preliminary objection regarding the maintainability on the petition is sustained along with the petition fraud case laws is held to get not maintainable in terms of Article 199 from the Constitution for the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of your judgment passed with the Supreme Court while in the case of Pakistan Electric Power Company supra. Read more
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A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must use the previous court’s decision in implementing the law. This example of case law refers to two cases listened to in the state court, in the same level.
The prosecution presented substantial evidence, such as eyewitness testimonies and expert forensic analysis, confirming the copyright nature of the seized currency.
VI) The petitioner is powering the bars because arrest, investigation of the case is complete, he is not any more necessary for the purpose of investigation and at this stage to help keep him powering the bars before conclusion of trial will serve no handy purpose.
Hence, it had been held that the right to the healthy environment was part on the fundamental right to life and right to dignity, under Article 9 and 14 with the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all aspects of human existence, all these amenities and amenities that a person is entitled to delight in with dignity, legally and constitutionally.
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent couldn't be proved Unless of course case is experimented with(Bail Matters)
share or interest of a co-owner in immovable property may also sold to another co-owner/co-sharer or perhaps to an stranger and section 44(Transfer of Property Act 1882)
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