However, within an effort to strike a balance between the rights of citizens as well as plans that are executed via the authorities to the welfare, financial development and prosperity from the country, the Court did not create a definitive ruling within the pending construction on the grid station, but, with the consent of both parties, ordered a review and report of grid project with the National Engineering Services of Pakistan (NESPAK) to propose alterations and location alternatives.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a effectively-proven 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is matter into the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings within the evidence.
Life imprisonment is an alternative to your death penalty. In this sort of cases, the convicted person is sentenced to spend the remainder of their natural life powering bars.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Provided the legal analysis on the subject issue, we're in the view that the claim in the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is not really legally seem, Other than promotion and seniority, not absolute rights, they are topic to rules and regulations Should the recruitment rules of the subject post permit the case of the petitioners for promotion could be viewed as, however, we've been apparent inside our point of view that contractual service cannot be viewed as for seniority and promotion as being the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy matter for the approval of the competent authority.
The court system is then tasked with interpreting the regulation when it truly is unclear how it relates to any offered situation, often rendering judgments based over the intent of lawmakers and the circumstances in the case at hand. Such decisions become a guide for click here foreseeable future similar cases.
This is because transfer orders are typically regarded within the administrative discretion on the employer. However, there could possibly be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the suitable forum. Read more
Petitioner possessing been declared an absconder in this case for over one particular as well as a 50 percent year generates the apprehension that the petitioner may possibly avoid standing trial and consequently delay the prosecution of your case. The material on record makes the case from the petitioner falls under two exceptions to your rule of grant of bail as mentioned higher than.
Electronic and paper court records retained for the court site could be viewed in the courthouse for free, however there is a cost of 10 cents for each page to print from a public access terminal.
P.C. Liability of petitioners for that reported offences would be determined by the learned trial Court after sifting the evidentiary worth of your material manufactured before the same. Till then, case of
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a nearby electricity grid station as a consequence of probable health risks and dangers.
Finally, an important contribution of this case which was accepted for consideration via the Court under Article 184 (three), has been setting a precedent which allows for much a lot easier access into the public to tactic the superior courts as well as the subordinate courts on environment related issues.
Article 199 in the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It can be nicely-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to the healthy environment. This decision is particularly significant as there aren't any specific provisions from the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it is actually important that the case founded the application of your precautionary principle where there is really a danger to environmental rights, and emphasized the positive obligations with the State in protecting the right to some clean and healthy environment.
dismissed as not pressed and sentences awarded on the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )