misrepresentation case law Can Be Fun For Anyone

misrepresentation case law Can Be Fun For Anyone

Blog Article

Just some years back, searching for case precedent was a tricky and time consuming endeavor, requiring folks to search through print copies of case law, or to purchase access to commercial online databases. Today, the internet has opened up a host of case law search alternatives, and a lot of sources offer free access to case law.

The main focus is around the intention to cause injury. This is usually a major challenge: an especially reduced threshold for an offence carrying the death penalty.

This Court may well interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding achieved from the disciplinary authority is based on no evidence. In case the summary or finding is which include no reasonable person would have ever reached, the Court may well interfere with the conclusion or maybe the finding and mold the relief to really make it acceptable for the facts of each and every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. To the aforesaid proposition, we are fortified from the decision with the Supreme Court within 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-25 Approved for Reporting WhatsApp

Rulings by courts of “lateral jurisdiction” are certainly not binding, but can be used as persuasive authority, which is to present substance on the party’s argument, or to guide the present court.

The Pakistan Penal Code (PPC) is an extensive piece of legislation that defines different criminal offenses and prescribes corresponding punishments for the people found guilty.

This is because transfer orders are typically regarded as within the administrative discretion from the employer. However, there could be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the suitable forum. Read more

Allow’s give attention to what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.

The issue here is that an accused may say that they meant to injure the victim, but they didn't intend to destroy them. In other words, they might claim that thedeath that resulted mainly because of the accused’s attack was neither foreseeable nor supposed.

thirteen. The more info Supreme Court has held that when the act of misconduct is established plus the employee is found guilty after because of process of regulation, it is the prerogative on the employer to decide the quantum of punishment, out of the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness of your act of misconduct just isn't adequate although the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful method. Read more

Therefore, this petition is found to get not maintainable and is also dismissed along with the pending application(s), as well as the petitioners may possibly look for remedies through the civil court process as discussed supra. Read more

In certain jurisdictions, case legislation might be applied to ongoing adjudication; for example, criminal proceedings or family legislation.

1. Judicial Independence: The court emphasised the importance of judicial independence and also the separation of powers.

Section 489-F of your Pakistan Penal Code pertains to offenses involving copyright currency notes and cash. Its primary objective will be to suppress counterfeiting activities and maintain the sanctity with the national currency.

P.C. for grant of post arrest bail should even be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are totally different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held because of the august Supreme Court of Pakistan as under:--