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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seventy seven . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
ninety three . 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 also a well-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 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 from the Stricto-Sensu, utilize 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 in the charge, however, that is issue to the procedure provided under the relevant rules rather than otherwise, for that 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 on the evidence.
These platforms empower individuals to understand their legal rights and obligations, selling a more informed and just society.
maintaining the conviction awarded into the appellant reduce the sentence in the appellant from imprisonment for life to 1 already undergone(Pakistan Penal Code)
The court system is then tasked with interpreting the law when it is unclear the way it relates to any specified situation, typically rendering judgments based on the intent of lawmakers along with the circumstances of your case at hand. This kind of decisions become a guide for potential similar cases.
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal assist could be high priced and tough to get hold of.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice with the loss of the life. It allows the legal system to impose a proportional punishment over the offender, ensuring They're held accountable for their actions.
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Section 302 from the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be topic for the most severe form of punishment permissible under Pakistani regulation.
Though a lot of websites offer free case law, not all are equally reliable. It’s crucial To judge the credibility more info with the source before counting on the information.
Criminal cases Inside the common legislation tradition, courts decide the legislation applicable to your case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Contrary to most civil regulation systems, common regulation systems follow the doctrine of stare decisis, by which most courts are bound by their personal previous decisions in similar cases. According to stare decisis, all decrease courts should make decisions dependable with the previous decisions of higher courts.
one. Judicial Independence: The court emphasised the importance of judicial independence as well as the separation of powers.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's nicely established now that the provision for proforma promotion is not alien or unfamiliar to the civil servant service structure but it's already embedded in Fundamental Rule 17, wherein it's lucidly enumerated that the appointing authority may well if happy that a civil servant who was entitled to become promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to the Federation/ province within the higher post, direct that such civil servant shall be paid the arrears of pay back and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The decision further directed the government of Pakistan to determine a commission of internationally known and identified researchers to review and rule on future grid station projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power strains.