What Does derive coulomb's as a special case of guass law Mean?
What Does derive coulomb's as a special case of guass law Mean?
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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when the basic norm underlying a Constitution disappears as well as a new system is set in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The legislation enjoins the police to become scrupulously fair on the offender and the Magistracy is to be sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court and also from other courts Nevertheless they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary for the determination on the current case are called obiter dicta, which represent persuasive authority but are certainly not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]
thirteen. The Supreme Court has held that once the act of misconduct is recognized and the employee is found guilty after due process of regulation, it's the prerogative of the employer to decide the quantum of punishment, out of the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness on the act of misconduct is just not satisfactory however the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful way. Read more
Generally speaking, higher courts never have direct oversight over the reduce courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments from the decrease courts.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based around the same factual grounds. While a writ under Article 199 is on the market in specific limited situations, it truly is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-study witnesses and present his/her defense but did not encourage the department of his/her innocence.
Several judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name within the ECL based over the criminal case are inconsistent with established legal principles. Consequently, this petition must be allowed Read more
Some bodies are offered statutory powers to issue guidance with persuasive authority or similar statutory effect, including the Highway Code.
This Court may interfere where the authority held the proceedings against the delinquent officer inside a fashion 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 because of the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever attained, the Court may well interfere with the conclusion or maybe the finding and mold the relief to make it correct to your facts of every case. In service jurisprudence, the disciplinary authority is 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. On the aforesaid proposition, we're fortified because of the decision on the Supreme Court during 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 337 Order Date: 24-JAN-25 get more info Approved for Reporting WhatsApp
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the law laid down through the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of the parent department with the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay back the pension amount and other ancillary benefits on the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority with the respondent is also directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
ten. Based on the findings on the inquiry committee, this petition will not be viewed as maintainable and is particularly therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have read the discovered counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues with the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section 7(one) with the Illegal Dispossession Act 2005 to hand over possession of the subjected premises on the petitioner; that Illegal Dispossession Case needs to get decided by the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer during the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court needs to see this factor for interim custody of the subject premises When the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory legislation, which are recognized by executive organizations based on statutes.