misrepresentation case law Can Be Fun For Anyone
misrepresentation case law Can Be Fun For Anyone
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refers to a landmark case decided with the Supreme Court of Pakistan in 2012. In this article’s a brief overview:
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is usually a effectively-proven 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 reach 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 during 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 on the charge, however, that is matter towards the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings about the evidence.
V) During investigation, the Investigating Officer concluded that hearth-arm injury which was fatal to your deceased was caused with the petitioner but in support of opinion on the Investigating Officer no iota of evidence is offered about the file and mere ipsi dixit of police just isn't binding about the Court.
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extended period petitioner wasn't regarded as for promotion, meeting of your departmental promotion committee and think about the petitioner (Promotion)
Article 27 with the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment too. The disparity during here the pay out scale allowances of Stenographers from the District Judiciary is inside the obvious negation of your regulation laid down from the Supreme Court in its a variety of pronouncements. Read more
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice to the loss of a life. It allows the legal system to impose a proportional punishment about the offender, ensuring These are held accountable for their actions.
Some pluralist systems, for instance Scots regulation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, don't exactly in shape into the dual common-civil law system classifications. These types of systems may possibly have been closely influenced because of the Anglo-American common regulation tradition; however, their substantive law is firmly rooted in the civil law tradition.
13. The Supreme Court has held that when the act of misconduct is established along with the employee is found guilty after because of process of regulation, it is the prerogative in the employer to decide the quantum of punishment, outside of the various penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness from the act of misconduct is not really sufficient although the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful method. Read more
When the petitioner is just present in the place of occurrence without causing any injury for the deceased or PWs then in this sort of circumstances, whether he is vicariously liable shall be decided through the uncovered trial Court after recording on the evidence.
Alternative Punishment: In some cases, the court may perhaps have the discretion to award life imprisonment being an alternative to the death penalty. Life imprisonment involves the offender spending the remainder of their life at the rear of bars without the possibility of parole or early release.
one. Judicial Independence: The court emphasised the importance of judicial independence plus the separation of powers.
13309-B of 2010 to get weak types of evidence plus the evidentiary value whereof would be noticed for the time of the trial. The investigation of this case has already been finalized and, Therefore, confirmed custody with the petitioner in jail is not likely to serve any helpful purpose at this stage.”
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year outdated boy from his home to protect him from the Awful physical and sexual abuse he experienced suffered in his home, also to prevent him from abusing other children while in the home. The boy was placed in an crisis foster home, and was later shifted close to within the foster care system.