A Secret Weapon For duty to avoid conflict of interest case law
A Secret Weapon For duty to avoid conflict of interest case law
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As the Supreme Court is the final arbitrator of all cases where the decision has been arrived at, therefore the decision with the Supreme Court needs to be taken care of as directed in terms of Article 187(2) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is actually a free and democratic place, and once a person becomes a major they can marry whosoever he/she likes; if the parents from the boy or Female do not approve of this kind of inter-caste or interreligious marriage the utmost they could do if they can Reduce off social relations with the son or perhaps the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who is major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is neither harassed by anyone nor subjected to threats or acts of violence and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to process by instituting criminal proceedings with the police against these persons and further stern action is taken against such person(s) as provided by legislation.
Sign up for E-mail Notification of new opinions The cases listed underneath have experienced opinions filed for them within the last 14 days. The following information is accessible for each case: Information Sheet - Click a case number to view case details, like signing JusticesJudges and participating attorneys.
This Court may interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained through the disciplinary authority is based on no evidence. In the event the conclusion or finding is including no reasonable person would have ever arrived at, the Court may well interfere with the summary or perhaps the finding and mould the relief to make it proper on the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority get more info has coextensive power to re-respect the evidence or the nature of punishment. Around the aforesaid proposition, we are fortified from the decision from the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The proposal appears to be reasonable and acceded to. In the meantime police shall remain neutral inside the private dispute between the parties, however, if any from the individuals is indulged in criminal activity the police shall get prompt action against them under regulation. 5. The instant petition is disposed of in the above mentioned terms. Read more
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161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It is usually a well-established 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 inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter on the procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings to the evidence.
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Since the Supreme Court could be the final arbitrator of all cases where the decision has been achieved, therefore the decision with the Supreme Court needs to become taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Criminal cases While in the common law tradition, courts decide the legislation applicable to some case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. In contrast to most civil law systems, common legislation systems Adhere to the doctrine of stare decisis, by which most courts are bound by their very own previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions dependable with the previous decisions of higher courts.