About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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The Cornell Legislation School website offers many different information on legal topics, which includes citation of case law, and perhaps offers a video tutorial on case citation.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon from the prosecution against the petitioner and his earlier mentioned mentioned co-accused namely Hussain Bakhsh has already been opined via the Lahore High Court, Lahore in its order dated 2-12-2010 passed in Criminal Miscellaneous No.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not apply, as being the criminal Court has not convicted the petitioner, relatively he has been acquitted of the criminal charges based on evidence and it is well-settled regulation that once the civil servant is acquitted inside the criminal case, then on this pretty charge he cannot be awarded in any punishment from the department and held him disqualified with the post because acquittal for all long run purposes. The aforesaid proposition is set at naught from the Supreme Court of Pakistan within the case in the District Police Officer Mainwali and a couple of others v.
Rulings by courts of “lateral jurisdiction” aren't binding, but may be used as persuasive authority, which is to offer substance to your party’s argument, or to guide the present court.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the topic issue, we've been on the view that the claim with the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle is not really legally seem, In addition to promotion and seniority, not absolute rights, They're subject to rules and regulations Should the recruitment rules of the topic post permit the case in the petitioners for promotion might be deemed, however, we're clear within our point of view that contractual service cannot be viewed as for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Conditioning, subject matter to availability of vacancy subject for the approval of the competent authority.
This is because transfer orders are typically regarded as within the administrative discretion of the employer. However, there could possibly be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the suitable forum. Read more
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government organizations in regards to projects that could likely pose a public risk. This case is likewise noteworthy, “because it laid down the foundations of all foreseeable future public interest litigation introduced before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is often a right to life itself.
The court cannot listen to the transfer order challenge as it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders trying to keep in view that among the list of respondents has retired from service as pointed out because of the counsel for that respondent university. twelve. The petition and applications pending therein stand dismissed with no order concerning costs. Read more
13. The Supreme Court has held that as soon as the act of misconduct is proven as well as the employee is found guilty after because of process of legislation, it is the prerogative with the employer to decide the quantum of punishment, away from the various penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness in the act of misconduct is not really satisfactory but the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful manner. Read more
two. I have listened to the figured out counsel to the parties and also acquired DPG at length, perused the record and noticed that:-
Hence, it absolutely was held that the right to some healthy environment was part with the fundamental right to life and right to dignity, under Article nine and 14 on the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all this sort of amenities and services that a person is entitled to enjoy get more info with dignity, legally and constitutionally.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
The latest amendment to this section signifies the legislature’s dedication to maximizing the effectiveness on the legislation in tackling contemporary challenges related to counterfeiting.
fourteen. While in the light on the position explained previously mentioned, it really is concluded that a civil servant contains a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Read more