As the Supreme Court would be the final arbitrator of all cases where the decision has long been achieved, therefore the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(two) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Some pluralist systems, for instance Scots regulation in Scotland and types of civil legislation jurisdictions in Quebec and Louisiana, will not specifically suit into the dual common-civil law system classifications. These types of systems may possibly have been greatly influenced through the Anglo-American common law tradition; however, their substantive regulation is firmly rooted during the civil regulation tradition.
Because the Supreme Court may be the final arbitrator of all cases where the decision is reached, therefore the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(2) of your Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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13. The Supreme Court has held that as soon as the act of misconduct is proven as well as the employee is found guilty after owing process of legislation, it is the prerogative on the employer to decide the quantum of punishment, from the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness of your act of misconduct is not really suitable though the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful method. Read more
As being the Supreme Court is definitely the final arbitrator of all cases where the decision has become reached, therefore the decision on the Supreme Court needs to be taken care of as directed in terms of Article 187(two) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it really is practical to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to eliminate a case on merit and more importantly when after recording of evidence it's attained to a stage of final arguments, endeavors should be made for benefit disposal when it's reached these types of stage. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It is additionally a properly-established proposition of regulation 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 within 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 matter for 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-value the evidence and to reach at its independent findings over the evidence.
Article 199 in the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It is actually well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation within the police, and so they must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and never abduct. Read more
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As the Supreme Court may be the final arbitrator of all cases where the decision has long been arrived at, therefore the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) from the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its authentic purpose and called for educational programs Bachelor diploma(s) in the topic of cooperative societies. Read more