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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Taking a person’s life is a heinous crime that devastates people, communities, and society in general. The severe punishment serves like a deterrent to probable offenders and seeks to copyright the sanctity of human life.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, Additionally it is a effectively-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 a fact or evidence within the Stricto-Sensu, apply 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 subject to your procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings over the evidence.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding arrived at from the disciplinary authority is based on no evidence. If your conclusion or finding is for instance no reasonable person would have ever achieved, the Court may interfere with the conclusion or the finding and mildew the relief to really make it acceptable towards the facts of each and every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we've been fortified through the decision with the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Some bodies are given statutory powers to issue guidance with persuasive authority or similar statutory effect, like the Highway Code.
ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is nicely-settled that the civil servants must first go after internal appeals within ninety times. In the event the appeal will not be decided within that timeframe, he/she will then technique the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal check here on merits and cannot merely direct the department to decide it, as the ninety days with the department to act has already expired. On the aforesaid proposition, we're guided via the decision with the Supreme Court while in the case of Dr.
The presiding judge emphasized the need to address the evolving techniques utilized by counterfeiters, noting that the amendment’s inclusion of technological elements allows for just a more complete legal reaction.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for your loss of a life. It allows the legal system to impose a proportional punishment around the offender, making sure They are really held accountable for their actions.
forty eight . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of your Peace u/s 22-A is just not obliged to afford an opportunity of hearing on the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is needed to take into account all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more
thirteen. The Supreme Court has held that the moment the act of misconduct is recognized and also the employee is found guilty after thanks process of law, it is the prerogative with the employer to decide the quantum of punishment, out of the assorted penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness on the act of misconduct is not satisfactory though the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful fashion. Read more
VI) The petitioner is driving the bars given that arrest, investigation from the case is complete, he is no more necessary for that purpose of investigation and at this stage to help keep him guiding the bars before conclusion of trial will serve no practical purpose.
Case regulation, also known as precedent, forms the foundation in the Pakistani legal system. Understanding relevant judgments and rulings is important for interpreting statutes and predicting legal outcomes. Free access to these resources democratizes legal knowledge, empowering citizens and advertising transparency.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same variety of case.
In case the employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not experienced a possibility to respond to the grievance and attempt to resolve it. In some cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only finished When the employee can show that that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to guide evidence and also the petitioner company responded to the allegations as such they were nicely aware of the allegations and led the evidence therefore this point is ofno use to be seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
P.C. for grant of post arrest bail should also be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held with the august Supreme Court of Pakistan as under:--