Detailed Notes on accident case law
Detailed Notes on accident case law
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“There is no ocular evidence to show that Muhammad Abbas was murdered by any of the present petitioners. Mere fact that Noor Muhammad and Muhammad Din observed firstly the deceased and after a long way they observed the petitioners going towards the same direction, didn't indicate that the petitioners were chasing the deceased or were accompanying him. This sort of evidence cannot be treated as evidence of very last witnessed.
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's also a properly-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 succeed in a finding of fact or summary. 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 summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue on the procedure provided under the relevant rules and never otherwise, to the 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 on the evidence.
Therefore, this petition is found to become not maintainable and is dismissed along with the pending application(s), as well as petitioners may well find remedies through the civil court process as discussed supra. Read more
Usually, the burden rests with litigants to appeal rulings (which includes Those people in distinct violation of proven case regulation) for the higher courts. If a judge acts against precedent, and the case is not really appealed, the decision will stand.
ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually perfectly-settled that the civil servants must first go after internal appeals within 90 days. In case the appeal is not decided within that timeframe, he/she will then method the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the 90 times for the department to act has already expired. Around the aforesaid proposition, we are guided by the decision of the Supreme Court while in the case of Dr.
eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition click here No.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the topic issue, we're in the view that the claim of your petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is not legally audio, Apart from promotion and seniority, not absolute rights, They can be subject matter to rules and regulations In case the recruitment rules of the topic post permit the case with the petitioners for promotion might be viewed as, however, we are apparent within our point of view that contractual service cannot be considered for seniority and promotion as being the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, subject to availability of vacancy subject matter towards the approval with the competent authority. Read more
six. Mere involvement in a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled for that concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, because then he is behind the bars, He's previous non-convict, never involved in almost any case, investigation qua him is complete, his person isn't any more demanded for further investigation, therefore, his constant incarceration would not serve any valuable purpose at this stage.
The law as recognized in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
Please note, When you are seeking a price exemption from a single court and/or for non-research purposes, contact that court directly.
Finally, an important contribution of this case which was accepted for consideration via the Court under Article 184 (three), has actually been setting a precedent which allows for much simpler access towards the public to strategy the superior courts along with the subordinate courts on environment related issues.
this Court is left with no option but to direct the respondents to inform the promotion from the petitioner in next rank .(Promotion)
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, and the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release for a legally regarded conviction. Read more
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