A Secret Weapon For difference between executive and non executive directors case laws
A Secret Weapon For difference between executive and non executive directors case laws
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لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It is additionally a nicely-set up 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 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 within 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 topic towards the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings around the evidence.
4. Record shows that the petitioner is booked in as much as 8 criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. Although the petitioner has obtained bail in These cases, it does, prima facie, create that the petitioner is liable to repeating the offence.
This unfortunate ambiguity results while in the legislation regarding murder and manslaughter to generally be repugnant with Every single other.
It's now effectively-settled that considerations for pre-arrest and post-arrest bail are absolutely different, therefore, inside our view the figured out Judge experienced fallen in error to cancel the bail allowed to petitioner with the same Additional Sessions Judge.”
Reasonable grounds are available over the record to connect the petitioner with the commission of the alleged offence. Even though punishment in the alleged offence does not tumble from the prohibitory clause of Section 497, Cr.P.C. nonetheless discovered Deputy Prosecutor General apprises that another case of similar nature arising from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is during the credit of your petitioner as accused, therefore, case on the petitioner falls in the exception where bail cannot be granted even within the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, advice has actually been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion with the same is hereby reproduced:
In this case, the Supreme Court of Pakistan upheld the death penalty with the accused who intentionally murdered the sufferer.
The issue here is that an accused may perhaps say that they intended to injure the sufferer, but they didn't plan to destroy them. In other words, they might claim that thedeath that resulted due to the accused’s attack was neither foreseeable nor meant.
department concerned shall present the complete list of ACRs of the concerned officer to DPC properly in advance cases for promotin(Promotion)
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent plus the case under appeal, Possibly overruling the previous case legislation by setting a different precedent of higher authority. This may occur several times because the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his improvement in the concept of estoppel starting while in the High Trees case.
Finally, an important contribution of this case which was accepted for consideration with the Court under Article 184 (three), has actually been setting a precedent which allows for much simpler access towards the public to method the superior courts and also the subordinate courts on environment related issues.
[3] For example, in England, the High Court as well as Court of Appeals are Every bound by their have previous decisions, however, Because the Practice Statement 1966 the Supreme Court from the United Kingdom can deviate from its get more info earlier decisions, While in practice it almost never does. A notable example of when the court has overturned its precedent would be the case of R v Jogee, where the Supreme Court of the United Kingdom ruled that it and the other courts of England and Wales experienced misapplied the legislation for practically thirty years.
It also addresses the limitation period under Article ninety one and one hundred twenty in the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
fourteen. From the light on the position explained over, it really is concluded that a civil servant has a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or during the form of inquiry and departmental action was so taken against his right of promotion. Read more