In addition towards the primary punishment, the court may also impose a fine on the offender. The fine’s amount is at the discretion of your court and is meant to serve as an additional deterrent.
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 your main case, it is also a nicely-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 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 within the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is topic to the procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.
V) During investigation, the Investigating Officer concluded that fireplace-arm injury which was fatal for the deceased was caused by the petitioner but in support of opinion on the Investigating Officer no iota of evidence is on the market around the file and mere ipsi dixit of police is not really binding to the Court.
Within the dynamic realm of legal statutes, amendments Perform an important role in adapting to evolving circumstances and strengthening the legal framework. One particular these kinds of notable amendment that has garnered attention could be the latest revision of Section 489-File from the read more Pakistan Penal Code (PPC).
Subscription access exclusively for organizations/businesses (SCC ID required) to criminal case information in participating Circuit Courts with the purpose of confirming of the individual’s date of birth.
eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
only on the ground of miscases remanded & only over the ground of misreading of evidence only around the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
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 the fact 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 expected for further investigation, therefore, his steady incarceration would not provide any advantageous purpose at this stage.
13. The Supreme Court has held that when the act of misconduct is founded as well as the employee is found guilty after thanks process of law, it is the prerogative with the employer to decide the quantum of punishment, out of the assorted penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness in the act of misconduct is not satisfactory even so the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful manner. Read more
In simple terms, the section states that any person who commits intentional murder shall be subjected for the death penalty or life imprisonment, along with a potential fine.
three. Rule of Regulation: The court reiterated the importance of upholding the rule of law and making certain that all institutions function within their constitutional mandates.
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, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release to be a legally recognized conviction. Read more
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.