role of metropolitan corporation case laws Secrets

role of metropolitan corporation case laws Secrets

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However, within an effort to strike a balance between the rights of citizens plus the plans that are executed through the authorities for your welfare, financial progress and prosperity of the country, the Court didn't make a definitive ruling to the pending construction from the grid station, but, with the consent of both parties, ordered a review and report of grid project because of the National Engineering Services of Pakistan (NESPAK) to recommend alterations and location alternatives.

93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It's also a perfectly-founded proposition of regulation 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 inside the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter for the procedure provided under the relevant rules instead of otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to reach at its independent findings within the evidence.

limitation of liability into the extent of a cap provided with the registered mortgage deed(Banking Law)

Rulings by courts of “lateral jurisdiction” aren't binding, but could possibly be used as persuasive authority, which is to present substance to the party’s argument, or to guide the present court.

ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is properly-settled that the civil servants must first pursue internal appeals within ninety times. In case the appeal is just not decided within that timeframe, he/she can then method the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits more info and cannot merely direct the department to decide it, because the 90 times for that department to act has already expired. About the aforesaid proposition, we are guided via the decision of your Supreme Court from the case of Dr.

The recent amendment to Section 489-F of the Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the regulation with contemporary challenges.

 Petitioner getting been declared an absconder in this case for over just one plus a 50 % year generates the apprehension that the petitioner might avoid standing trial and for this reason delay the prosecution of the case. The material on record makes the case of the petitioner falls under two exceptions towards the rule of grant of bail as mentioned previously mentioned.

Any court might look for to distinguish the present case from that of the binding precedent, to succeed in a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to your higher court.

13. The Supreme Court has held that once the act of misconduct is proven as well as the employee is found guilty after due process of legislation, it's the prerogative on the employer to decide the quantum of punishment, away from the various penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness on the act of misconduct isn't enough however the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful method. Read more

two. I have read the acquired counsel for the parties and figured out DPG at size, perused the record and noticed that:-

Case regulation, also known as precedent, forms the foundation from the Pakistani legal system. Understanding relevant judgments and rulings is crucial for interpreting statutes and predicting legal results. Free access to those resources democratizes legal knowledge, empowering citizens and advertising transparency.

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However, it’s essential to note that the application from the death penalty is matter to several legal safeguards and owing process to guarantee fair trials.

P.C. for grant of post arrest bail should even be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are completely different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held through the august Supreme Court of Pakistan as under:--