5 Simple Techniques For case when law is silent

5 Simple Techniques For case when law is silent

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Article 199 in the Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It truly is very well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is usually a properly-set up proposition of law 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 succeed in 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 from the Stricto-Sensu, apply 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 topic to 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 about the evidence.

Capital Punishment: Section 302 PPC delivers with the death penalty given that the primary form of punishment for intentional murder. The offender may be sentenced to death as retribution for taking the life of another human being unlawfully.

This unfortunate ambiguity results while in the law regarding murder and manslaughter for being repugnant with each other.

Individual researchers working on defined research projects intended for scholarly work can utilize the hooked more info up form (PDF) to request PACER cost exemptions from multiple courts.

The recent amendment to Section 489-File with 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.

Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for the loss of the life. It allows the legal system to impose a proportional punishment on the offender, guaranteeing They're held accountable for their actions.

In almost any society, the enforcement of law and order is essential to maintain peace and protect its citizens. One of the most major crimes that can disrupt this harmony is murder. In Pakistan, Section 302 in the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is crucial to guarantee justice prevails.

The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its authentic purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more

acquitted the appellants from the many charges therefore the same is dismissed being infructuous. (Criminal Revision )

 Criminal cases Within the common legislation tradition, courts decide the regulation applicable into a case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. In contrast to most civil regulation systems, common regulation systems Keep to the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all lower courts should make decisions reliable with the previous decisions of higher courts.

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؟

share or interest of the co-owner in immovable property may sold to another co-owner/co-sharer or even to an stranger and section 44(Transfer of Property Act 1882)

This section specifically relates to civil servants that are rendered surplus because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, are usually not subject to your provisions of the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the utilizing organization. Therefore, the provisions of Section eleven-A, such as the possibility of being posted to another department, would not apply to non-civil servants. Read more