A Review Of case laws on bail
A Review Of case laws on bail
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لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming on the main case, It's also a perfectly-established 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 achieve 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 from the Stricto-Sensu, implement 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 to your procedure provided under the relevant rules instead of 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.
only over the ground of miscases remanded & only around the ground of misreading of evidence only within the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
six. Mere involvement in a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled for that concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, considering that then He's powering the bars, He's previous non-convict, never involved in almost any case, investigation qua him is complete, his person is not any more necessary for further investigation, therefore, his continual incarceration would not serve any valuable purpose at this stage.
On June 16, 1999, a lawsuit was filed on behalf on the boy by a guardian ad litem, against DCFS, the social worker, as well as the therapist. A similar lawsuit was also filed on behalf from the Roe’s victimized son by a different guardian advertisement litem. The defendants petitioned the trial court for just a dismissal based on absolute immunity, as they were all performing in their Work with DCFS.
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Therefore, it absolutely was held that the right into a healthy environment was part on the fundamental right to life and right to dignity, under Article nine and 14 more info with the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all these types of amenities and services that a person is entitled to take pleasure in with dignity, legally and constitutionally.
Article 199 from the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It truly is effectively-settled that an aggrieved person must exhaust readily available 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
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, along with the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as a legally identified conviction. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to your determination with the current case are called obiter dicta, which constitute persuasive authority but aren't technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[4]