About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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III) Within the Variation with the father of deceased namely Muhammad Iqbal (complainant of second Variation) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed to the petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.
Delay in recording confessional statement might not be treated fatal into the case of prosecution(Murder Trial)
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This unfortunate ambiguity results while in the law regarding murder and manslaughter to get repugnant with Every other.
R.O, Office, Gujranwala as well as the police officials didn't inform him that the identification parade of your accused has not been conducted however. In the instant case, now the accused tried to consider advantage of the program aired by SAMAA News, wherein the picture with the petitioner was extensively circulated. The police should not have exposed the identity with the accused through electronic media. The law lends assurance on the accused that the identity should not be subjected to the witnesses, particularly for that 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 manufactured shots. Besides, the images shown on the media expose that a mask wasn't placed over the accused to cover his identity until finally he was place up for an identification parade. Making images on the accused publically, either by showing the same to the witness or by publicizing the same in any newspaper or program, would create doubt in the proceedings on the identification parade. The Investigating Officer has to make certain that there is no likelihood to the witness to see the accused before going for the identification parade. The accused should not be shown into the witness in person or through any other manner, i.e., photograph, video-graph, or maybe the push or electronic media. Specified the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding reached through the disciplinary authority is based on no evidence. When the summary or finding is for instance no reasonable person would have ever attained, the Court may perhaps interfere with the summary or perhaps the finding and mould the relief to really make it appropriate for the facts of each 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-respect the evidence or maybe the nature of punishment. Around the aforesaid proposition, we have been fortified through the decision from the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively-settled that when contemplating the case of normal promotion of civil servants, the competent authority must look at the merit of many of the eligible candidates and after because of deliberations, to grant promotion to these eligible candidates who are found to get most meritorious among them. Since the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked with the respondent department just to increase favor to your blue-eyed candidate based on OPS, which is apathy about the part of the respondent department.
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Pakistani legal citations typically incorporate the year, court, and case number. Familiarizing yourself with this format will help you speedily Identify the cases you need. Quite a few free case law websites allow you to definitely search directly using citations.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Presented the legal analysis on the topic issue, we are with the view that the claim of the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle will not be legally sound, Aside from promotion and seniority, not absolute rights, they are issue to rules and regulations When the recruitment rules of the topic post allow the case with the petitioners for promotion might be regarded, however, we're obvious within our point of view that contractual service cannot be thought of for seniority and promotion since the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, subject matter to availability of vacancy subject for the approval on the competent authority.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and steadiness. It demonstrates the commitment from the state to protect its citizens and copyright the rule of law.
Article 199 from the Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It really is nicely-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as a legally recognized conviction. Read more
While in the United States, individuals are not needed to hire an attorney to represent them in both civil or criminal matters. Laypeople navigating the legal system on their have can remember a single rule of thumb when it concerns referring to case regulation or precedent in court documents: be as specific as check here feasible, leading the court, not only on the case, but to the section and paragraph containing the pertinent information.