III) Inside the Edition with the father of deceased namely Muhammad Iqbal (complainant of second version) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed to your petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It is additionally a effectively-founded 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in 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 from the charge, however, that is subject matter for the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings over the evidence.
The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal hasn't challenged(Criminal Jail Appeal )
The convictions and sentences Upheld, as misappropriation was committed while in the bank and because only the appellants were posted at the relevant time .(Criminal Appeal )
record of your department there isn't any record out there whatsoever regarding promotion from the petitioner(Promotion)
This Court may interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding here reached with the disciplinary authority is based on no evidence. In the event the summary or finding is such as no reasonable person would have ever arrived at, the Court may well interfere with the conclusion or the finding and mildew the relief to make it proper on the facts of each 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-enjoy the evidence or even the nature of punishment. To the aforesaid proposition, we are fortified by the decision of the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Following the decision, NESPAK, as directed, conducted an assessment of the grid project and submitted that enough mitigation measures were in place to render any probable adverse impacts negligible. Based on this, the grid station was permitted being crafted.
The appellant should have remained vigilant and raised his challenge on the Judgment within time. Read more
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Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses which include self-defense, insanity, or accidental killing, which may cause reduced charges or acquittal.
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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, and also the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release being a legally acknowledged conviction. Read more
P.C. for grant of post arrest bail should also be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are thoroughly different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held via the august Supreme Court of Pakistan as under:--