5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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refers into a landmark case decided from the Supreme Court of Pakistan in 2012. Here’s a brief overview:
93 . 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 also a effectively-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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject matter to your 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.
Therefore, this petition is found to get not maintainable and it is dismissed along with the pending application(s), and the petitioners may request remedies through the civil court process as discussed supra. Read more
Deterrence: The dread of severe consequences, which include capital punishment, is meant to prevent prospective criminals from committing murder. This deterrent effect is very important in reducing the incidence of intentional killings.
The court system is then tasked with interpreting the regulation when it can be unclear how it applies to any specified situation, frequently rendering judgments based to the intent of lawmakers along with the circumstances on the case at hand. These kinds of decisions become a guide for long run similar cases.
The case addresses An array of issues like, environmental protection, and an expansive interpretation in the right to life.
Where there are several members of a court deciding check here a case, there may be just one or more judgments offered (or reported). Only the reason for the decision on the majority can represent a binding precedent, but all could possibly be cited as persuasive, or their reasoning could be adopted within an argument.
The appellant should have remained vigilant and raised his challenge on the Judgment within time. Read more
Section 302 of 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 law.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station due to potential health risks and dangers.
Alternative Punishment: In some cases, the court may possibly have the discretion to award life imprisonment as an alternative for the death penalty. Life imprisonment involves the offender spending the rest of their life powering bars without the possibility of parole or early release.
In order to prove murder, there should be an intention to cause the death of that person along with the action of actually injuring them – and that injury subsequently leading to and causing the death of that person.
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are set up by executive organizations based on statutes.