In addition into the primary punishment, the court might also impose a fine to the offender. The fine’s amount is in the discretion from the court and is meant to function an additional deterrent.
Delay in recording confessional statement will not be treated fatal on the case of prosecution(Murder Trial)
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a very method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding achieved with the disciplinary authority is based on no evidence. Should the conclusion or finding is for example no reasonable person would have ever arrived at, the Court might interfere with the conclusion or perhaps the finding and mould the relief to really make it appropriate on the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or maybe the nature of punishment. On the aforesaid proposition, we are fortified from the decision of your Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Rulings by courts of “lateral jurisdiction” are certainly not binding, but could be used as persuasive authority, which is to give substance for the party’s argument, or to guide the present court.
three. I have listened to the realized counsel for the parties and have gone through the record of this case with their able assistance.
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؟
be set up without an iota of doubt in all other jurisdictions) will be inferred. This is usually a horrifying reality, an incredibly minimal threshold for an offence that carries capital punishment.
Upholding Justice: The application on the regulation as well as the subsequent punishment of your guilty party give a sense of closure and justice on the victim’s family and loved ones.
thirteen. The Supreme Court has held that the moment the act of misconduct is recognized and also the employee is found guilty after owing process of law, it is the prerogative with the employer to decide the quantum of punishment, from the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness of your act of misconduct is just not adequate although the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful fashion. Read more
When the petitioner is simply present in the place of occurrence without causing any injury into the deceased or PWs then in such circumstances, whether He's vicariously liable shall be decided by the acquired trial Court after recording of your evidence.
Should the employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't experienced a chance to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only accomplished In case the employee can show that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to steer evidence plus the petitioner company responded for the allegations therefore they were nicely mindful of the allegations and led the evidence as a result this point is ofno use to be appeared into in constitutional jurisdiction at this stage. Read more
Generally speaking, higher courts tend not to have direct oversight over the reduce courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments on the reduce courts.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion is the vested right of a civil servant, therefore, neither any seniority nor any promotion could possibly be claimed or granted without the get more info actual size of service on account of vested rights. The purpose of prescribing a particular duration of service for turning into entitled to get regarded as for promotion to some higher quality, of course, will not be without logic as being the officer that is in the beginning inducted into a particular post needs to serve about the said post to gain experience to hold the next higher post and also to serve the public in the befitting way.
competent authority has determined the eligibility on the private respondents and found them to be in shape for promotion. CP dismissed(Promotion)