5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
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“There is not any ocular evidence to show that Muhammad Abbas was murdered by any of your present petitioners. Mere fact that Noor Muhammad and Muhammad Din noticed firstly the deceased and after some distance they saw the petitioners going towards the same direction, did not suggest that the petitioners were chasing the deceased or were accompanying him. These types of evidence cannot be treated as evidence of past witnessed.
101 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it really is hassle-free for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to dispose of a case on merit and more importantly when after recording of evidence it has arrived at to your stage of final arguments, endeavors should be made for merit disposal when it's reached these kinds of stage. Read more
This Court might interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding attained with the disciplinary authority is based on no evidence. In case the conclusion or finding is for instance no reasonable person would have ever reached, the Court may well interfere with the summary or the finding and mould the relief to make it acceptable into the facts of each and every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or maybe the nature of punishment. Within the aforesaid proposition, we are fortified with the decision on the Supreme Court during 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
Some bodies are specified statutory powers to issue steering with persuasive authority or similar statutory effect, like the Highway Code.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the topic issue, we are in the view that the claim of your petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not legally audio, In addition to promotion and seniority, not absolute rights, They can be topic to rules and regulations Should the recruitment rules of the topic post allow the case on the petitioners for promotion could possibly be regarded, however, we're apparent within our point of view that contractual service cannot be regarded as for seniority and promotion given that the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Conditioning, matter to availability of vacancy subject on the approval of the competent authority.
In this website post, we will delve into the details of Section 302 PPC, exploring its provisions and the gravity of its punishment.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government businesses in regards to projects that could potentially pose a public risk. This case is additionally noteworthy, “because it laid down the foundations of all long run 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 inside the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is actually a right to life itself.
The Court thought of the case to generally be maintainable under Article 184 (3) For the reason that Risk and encroachment alleged were for instance to violate the constitutional right to life when interpreted expansively.
This system, for use by members in the Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.
When the petitioner is actually present on the place of occurrence without causing any injury into the deceased or PWs then in such circumstances, whether He's vicariously liable shall be check here decided with the uncovered trial Court after recording on the evidence.
Online access to the statewide search of adult criminal case information while in the juvenile & domestic relations district courts, criminal and traffic case information in general district courts and select circuit courts. Note: Payments cannot be made using this system.
She did note that the boy still needed intensive therapy in order to manage with his abusive past, and “to reach the point of being Secure with other children.” The boy was getting counseling with a DCFS therapist. Again, the court approved from the actions.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly set up now that the provision for proforma promotion isn't alien or unfamiliar towards the civil servant service structure but it is already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may well if happy that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service for the Federation/ province inside the higher post, direct that this sort of civil servant shall be paid the arrears of spend and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination with the current case are called obiter dicta, which represent persuasive authority but are certainly not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[four]