In addition to the primary punishment, the court may impose a fine about the offender. The fine’s amount is with the discretion of the court and is meant to function an additional deterrent.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, it is also a effectively-recognized proposition of legislation 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 a fact or evidence while in 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 from the charge, however, that is issue on 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-enjoy the evidence and to reach at its independent findings on the evidence.
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record with the department there is no record accessible whatsoever regarding promotion with the petitioner(Promotion)
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؟
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed a notice and comment restriction on government agencies in regards to projects that could possibly pose a public risk. This case can be noteworthy, “because it laid down the foundations of all click here upcoming public interest litigation introduced before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found within the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination can be a right to life itself.
The Court considered the case to become maintainable under Article 184 (3) For the reason that danger and encroachment alleged were including to violate the constitutional right to life when interpreted expansively.
In federal or multi-jurisdictional law systems there may exist conflicts between the assorted lessen appellate courts. Sometimes these differences will not be resolved, and it might be necessary to distinguish how the regulation is applied in one district, province, division or appellate department.
Please note, Should you be seeking a charge exemption from a single court and/or for non-research purposes, contact that court directly.
As a result, it absolutely was held that the right to a healthy environment was part on the fundamental right to life and right to dignity, under Article nine and fourteen on the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all these amenities and amenities that a person is entitled to appreciate with dignity, legally and constitutionally.
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Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It may be used to guide the court, but is not really binding precedent.
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