However, in an effort to strike a balance between the rights of citizens as well as plans that are executed from the authorities for that welfare, financial progress and prosperity of your nation, the Court didn't create a definitive ruling over the pending construction on the grid station, but, with the consent of both parties, ordered a review and report of grid project via the National Engineering Services of Pakistan (NESPAK) to suggest alterations and location alternatives.
ninety three . 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 very well-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 inside the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is issue into the procedure provided under the relevant rules rather than otherwise, with the 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 to the evidence.
4. It's been noticed by this Court that there can be a delay of someday inside the registration of FIR which has not been explained by the complainant. Moreover, there isn't any eye-witness from the alleged prevalence as well as the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners continues to be tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram happened to be the real brothers from the deceased but they didn't react in the least into the confessional statements from the petitioners and calmly observed them leaving, one particular after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation concerning why her arrest was not effected after making of the alleged extra judicial confession. It has been held on numerous situations that extra judicial confession of the accused can be a weak style of evidence which may very well be manoeuvred by the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution is usually counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word concerning existence of some light with the place, where they allegedly noticed the petitioners alongside one another on the motorcycle at 4.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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:Specified the legal analysis on the topic issue, we've been of your view that the claim on the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is not legally seem, Other than promotion and seniority, not absolute rights, They may be matter to rules and regulations In the event the recruitment rules of the topic post allow the case on the petitioners for promotion might be considered, however, we've been crystal clear within our point of view that contractual service cannot be considered for seniority and promotion as the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, issue to availability of vacancy topic on the approval on the competent authority.
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Reasonable grounds are available around the record to connect the petitioner with the commission in the alleged offence. Though punishment of your alleged offence does not drop within the prohibitory clause of Section 497, Cr.P.C. but uncovered Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is while in the credit of your petitioner as accused, therefore, case with the petitioner falls within the exception where bail cannot be granted even while in the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, guidance has become sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion in the same is hereby reproduced:
The ruling of your first court created case law that must be accompanied by other courts until or Unless of course both new legislation is created, or perhaps a higher court rules differently.
six. Mere involvement in a heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled with the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, considering that then he is driving the bars, He's previous non-convict, never involved in any case, investigation qua him is complete, his person is not any more required for further investigation, therefore, his ongoing incarceration would not provide any helpful purpose at this stage.
The legislation as recognized in previous court rulings; like common regulation, which springs from judicial here decisions and tradition.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Provided the legal analysis on the subject issue, we have been on the view that the claim with the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle is just not legally sound, Moreover promotion and seniority, not absolute rights, They can be subject to rules and regulations In case the recruitment rules of the topic post permit the case with the petitioners for promotion may be deemed, however, we've been very clear inside our point of view that contractual service cannot be considered for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Physical fitness, topic to availability of vacancy subject matter to the approval on the competent authority.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
three. Rule of Regulation: The court reiterated the importance of upholding the rule of regulation and making sure that all institutions function within their constitutional mandates.
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The residents argued that the high-voltage grid station would pose a health risk and likely hazard to local residents. In the end, the court determined the scientific evidence inconclusive, while observing the general development supports that electromagnetic fields have adverse effects on human health. The Court accepted the petitioner’s argument that it should adopt the precautionary principle established out in the 1992 Rio Declaration to the Environment and Improvement, the first international instrument that linked environment protection with human rights, whereby The dearth of full scientific certainty should not be used like a reason to prevent environmental degradation.