Indicators on banking law cases You Should Know
Indicators on banking law cases You Should Know
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Article 199 from the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It is properly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Though the punishment might be severe, its purpose is not solely to seek vengeance but to prevent potential offenders and copyright the principles of justice and social order.
four. It's been noticed by this Court that there is actually a delay of one day during the registration of FIR which hasn't been explained from the complainant. Moreover, there is not any eye-witness on the alleged incidence and the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners is tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram took place to become the real brothers from the deceased but they didn't respond in the least on the confessional statements of your petitioners and calmly saw them leaving, just one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation regarding why her arrest wasn't effected after making of your alleged extra judicial confession. It has been held on a lot of events that extra judicial confession of an accused can be a weak style of evidence which may be manoeuvred by the prosecution in almost any case where direct connecting evidence does not occur their way. The prosecution is also relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word concerning existence of some light within the place, where they allegedly observed the petitioners alongside one another with a motorcycle at four.
Rulings by courts of “lateral jurisdiction” are usually not binding, but can be used as persuasive authority, which is to offer substance into the party’s argument, or to guide the present court.
record from the department there isn't any record offered whatsoever regarding promotion in the petitioner(Promotion)
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, It is usually a well-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 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 during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject towards the procedure provided under the relevant rules instead of otherwise, with the 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 around the evidence.
only within the ground of miscases remanded & only around the ground of misreading of evidence only to the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
The Court thought of the case being maintainable under Article 184 (three) Because the danger and encroachment alleged were which include to violate the constitutional right to life when interpreted expansively.
This system, to be used by members of the Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Provided the legal analysis on the topic issue, we are on the view that the claim of the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is not legally seem, Apart from promotion and seniority, not absolute rights, They're matter to rules and regulations if the recruitment rules of the subject post permit the case in the petitioners for promotion may be regarded as, however, we're obvious inside our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health, subject matter to availability of vacancy subject matter into the approval with the competent authority.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to become gathered with the parties – specifically regarding the issue of absolute immunity.
The case of *R v. Ahmed* exemplifies the practical application of this amendment and its probable to protected economic interests and maintain the integrity of the national currency. As legal practitioners and citizens, a comprehensive grasp of such changes is vital for upholding the principles of justice and contributing to a sturdy legal system.
A reduced court might not rule against a binding precedent, although it feels that it is unjust; it might only express the hope that a higher court or even the legislature will reform the rule in question. In the event the court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the legislation evolve, it may well both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of your cases; some jurisdictions allow for a judge to recommend that an appeal be completed.
The residents argued that the high-voltage grid station would pose a health risk and likely hazard to local residents. In the end, the court determined the scientific evidence inconclusive, while observing the general craze supports that electromagnetic fields have damaging effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle established out while in the 1992 Rio Declaration check here around the Environment and Progress, the first international instrument that linked environment protection with human rights, whereby the lack of full scientific certainty should not be used for a reason to prevent environmental degradation.