misrepresentation case law Can Be Fun For Anyone
misrepresentation case law Can Be Fun For Anyone
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refers to a landmark case decided by the Supreme Court of Pakistan in 2012. In this article’s a brief overview:
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This Court could interfere where the authority held the proceedings against the delinquent officer within a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at via 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 perhaps interfere with the conclusion or even the finding and mould the relief to make it appropriate towards the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or maybe the nature of punishment. On the aforesaid proposition, we've been fortified via the decision on the Supreme Court while in 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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R.O, Office, Gujranwala plus the police officials did not inform him that the identification parade with the accused has not been conducted nonetheless. In the moment case, now the accused tried to take advantage of the program aired by SAMAA News, wherein the picture of the petitioner was commonly circulated. The police should not have uncovered the identity of the accused through electronic media. The law lends assurance on the accused that the identity should not be subjected to the witnesses, particularly for your witness to detect the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and created images. Aside from, the images shown over the media reveal that a mask wasn't placed over the accused to hide his identity right up until he was put up for an identification parade. Making photographs from the accused publically, possibly by showing the same towards the witness or by publicizing the same in almost any newspaper or program, would create doubt from the proceedings of your identification parade. The Investigating Officer has to guarantee that there is no prospect to the witness to begin to see the accused before going into the identification parade. The accused should not be shown to the witness in person or through any other mode, i.e., photograph, video-graph, or perhaps the press or electronic media. Supplied the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
For your foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more
Petitioner obtaining been declared an absconder in this case for over 1 and a fifty percent year generates the apprehension that the petitioner may avoid standing trial and that's why delay the prosecution in the case. The material on record makes the case of the petitioner falls under two exceptions to your rule of grant of bail as mentioned above.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 from the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to a person causes death of these types of person, both by mistake of act or by mistake of fact is alleged to commit qatl-i-khata.”
Case regulation, also used interchangeably with common legislation, is really a regulation that is based on precedents, that would be the judicial decisions from previous cases, fairly than legislation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
Justia – an extensive resource for federal and state statutory laws, together with case regulation at both the federal and state levels.
The appellate court determined that the trial court had not erred in its decision to allow more time for information being gathered with the parties – specifically regarding the issue of absolute immunity.
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A coalition of residents sent a letter of petition for the Supreme Court to challenge the Water and Power Development Authority’s (WAPDA) construction of an electricity grid station in their community, on designated “green belt” property. The Court read the matter being a human rights case, as Article 184 (3) on the Pakistan Constitution delivers primary jurisdiction for the Supreme Court to consider up and determine any matter concerning the enforcement of fundamental rights of public here importance.
The residents argued that the high-voltage grid station would pose a health risk and possible hazard to local residents. Finally, the court determined the scientific evidence inconclusive, even though observing the general pattern supports that electromagnetic fields have adverse effects on human health. The Court accepted the petitioner’s argument that it should adopt the precautionary principle set out during the 1992 Rio Declaration about the Environment and Improvement, the first international instrument that linked environment protection with human rights, whereby The dearth of full scientific certainty should not be used being a reason to prevent environmental degradation.