5 Simple Techniques For case law on gift in cash

5 Simple Techniques For case law on gift in cash

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Article 199 on the Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It is well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals 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 the main case, it is also a nicely-recognized 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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is issue towards the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings about the evidence.

V)      During investigation, the Investigating Officer concluded that fire-arm injury which was fatal to your deceased was caused from the petitioner but in support of opinion from the Investigating Officer no iota of evidence is available within the file and mere ipsi dixit of police just isn't binding to the Court.

This unfortunate ambiguity results during the regulation regarding murder and manslaughter to generally be repugnant with Every single other.

extensive period petitioner wasn't regarded as for promotion, meeting from the departmental promotion committee and look at the petitioner (Promotion)

It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal support is usually costly and tricky to receive.

only on the ground of miscases remanded & only about the ground of misreading of evidence only on the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)

Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to follow.

Usually, only an appeal accepted because of the court of past resort will resolve such differences and, For several reasons, this sort click here of appeals tend to be not granted.

This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a nearby electricity grid station due to probable health risks and hazards.

Consequently, it absolutely was held that the right to some healthy environment was part in the fundamental right to life and right to dignity, under Article nine and 14 with the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all aspects of human existence, all these kinds of amenities and facilities that a person is entitled to enjoy with dignity, legally and constitutionally.

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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 to be a legally regarded conviction. Read more

From the United States, individuals are not needed to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their have can remember one particular rule of thumb when it comes to referring to case legislation or precedent in court documents: be as specific as feasible, leading the court, not only for the case, but into the section and paragraph containing the pertinent information.