5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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Article 199 of the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It truly is nicely-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, Additionally it is a well-founded 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject on the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to reach at its independent findings around the evidence.
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal to the deceased was caused via the petitioner but in support of opinion from the Investigating Officer no iota of evidence is offered about the file and mere ipsi dixit of police will not be binding about the Court.
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criminal revision application is dismissed. reduced to the period of his detention in jail he has already undergone(Criminal Revision )
The different roles of case regulation in civil and common regulation traditions create differences in the way that courts render decisions. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the broader legal principles.
The Court deemed the case to get maintainable under Article 184 (3) Because the danger and encroachment alleged were like to violate the constitutional right to life when interpreted expansively.
The prosecution presented substantial evidence, like eyewitness testimonies and expert forensic analysis, confirming the copyright nature on the seized currency.
All bankruptcy courts have a telephone information system, also known because the Voice Case Information System, that enables callers to obtain essential case information through a touchtone phone. This is free to employ and readily available 24 hrs per day.
The DCFS social worker in charge with the boy’s case had the boy made a ward of DCFS, and in her six-month report on the court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
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)
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P.C. for grant of post read more arrest bail should also be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are entirely different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held by the august Supreme Court of Pakistan as under:--