About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is additionally a perfectly-founded proposition of regulation 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is matter on the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to reach at its independent findings on the evidence.
limitation of liability towards the extent of a cap provided by the registered mortgage deed(Banking Legislation)
Some bodies are offered statutory powers to issue steering with persuasive authority or similar statutory effect, like the Highway Code.
R.O, Office, Gujranwala as well as police officials didn't inform him that the identification parade of your accused hasn't been conducted nonetheless. In the moment case, now the accused attempted to take advantage of This system aired by SAMAA News, wherein the picture with the petitioner was extensively circulated. The police should not have uncovered the identity from the accused through electronic media. The regulation lends assurance to your accused that the identity should not be subjected to the witnesses, particularly to the witness to determine the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and created photos. Apart from, the images shown on the media expose that a mask wasn't placed over the accused to cover his identity right until he was set up for an identification parade. Making images from the accused publically, both by showing the same towards the witness or by publicizing the same in almost any newspaper or plan, would create doubt from the proceedings with the identification parade. The Investigating Officer has to make sure that there isn't any chance with the witness to begin to see the accused before going on the identification parade. The accused should not be shown to the witness in person or through any other method, i.e., photograph, video-graph, or maybe the push or electronic media. Given the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
Power to levy tax and to legislate on immovable property like tax on annual rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
In this case, the Supreme Court of Pakistan upheld the death penalty for that accused who intentionally murdered the victim.
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of your Peace u/s 22-A isn't obliged to afford a possibility of hearing on the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is necessary to think about all relevant factors, with care and caution; to avoid equipment of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
In federal or get more info multi-jurisdictional legislation systems there may perhaps exist conflicts between the various decrease appellate courts. Sometimes these differences will not be resolved, and it could be necessary to distinguish how the legislation is applied in a single district, province, division or appellate department.
If granted absolute immunity, the parties would not only be protected from liability during the matter, but couldn't be answerable in any way for their actions. When the court delayed making this kind of ruling, the defendants took their request into the appellate court.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses such as self-defense, insanity, or accidental killing, which may cause reduced charges or acquittal.
10. Without touching the merits in the case on the issue of once-a-year increases within the pensionary emoluments of your petitioner, in terms of policy decision of the provincial government, such annual increase, if permissible from the case of employees of KMC, involves further assessment to be made via the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
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In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.