5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
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Courts prioritize fairness and copyright fundamental rights although respecting the autonomy of educational institutions. On the aforesaid proposition, we've been guided by the decision of your Supreme Court from the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court ninety two. nine. The aforesaid exceptions are missing inside the present case. In this kind of circumstances, this petition is found to be not maintainable and is dismissed accordingly with pending application (s). Read more
However, If your same person were charged with section three hundred and 302, their defence that they never meant to kill the person – and that They simply wished to injure them or incapacitate them –, will fall short, as the elements of your offence only call for the intent to cause injury to be proven, not the intention to cause death.
V) During investigation, the Investigating Officer concluded that hearth-arm injury which was fatal to your deceased was caused via the petitioner but in support of opinion of the Investigating Officer no iota of evidence is accessible about the file and mere ipsi dixit of police just isn't binding about the Court.
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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 towards the main case, Additionally it is a perfectly-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 succeed in 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 during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, click here that is issue to the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings within the evidence.
The reason for this difference is that these civil regulation jurisdictions adhere into a tradition that the reader should be capable of deduce the logic from the decision as well as the statutes.[4]
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................
The legislation as recognized in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
All bankruptcy courts have a telephone information system, also known as the Voice Case Information System, that permits callers to acquire basic case information through a touchtone phone. This is free to make use of and accessible 24 hours a day.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to become gathered from the parties – specifically regarding the issue of absolute immunity.
10. Without touching the merits of the case of the issue of once-a-year increases within the pensionary emoluments of your petitioner, in terms of policy decision with the provincial government, this kind of yearly increase, if permissible during the case of employees of KMC, needs further assessment for being made from the court of plenary jurisdiction. KMC's reluctance due to funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to some healthy environment. This decision is particularly significant as there are not any specific provisions during the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it is important that the case recognized the application from the precautionary principle where there is actually a danger to environmental rights, and emphasized the positive obligations with the State in protecting the right into a clean and healthy environment.
14. In the light from the position explained higher than, it is concluded that a civil servant has a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length of service or within the form of inquiry and departmental action was so taken against his right of promotion. Read more