About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
Blog Article
Courts prioritize fairness and copyright fundamental rights whilst respecting the autonomy of educational institutions. Within the aforesaid proposition, we have been guided with the decision on the Supreme Court from the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court ninety two. nine. The aforesaid exceptions are lacking during the present case. In such circumstances, this petition is found to generally be not maintainable and it is dismissed accordingly with pending application (s). Read more
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؟
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding achieved through the disciplinary authority is based on no evidence. If the conclusion or finding is for instance no reasonable person would have ever reached, the Court may well interfere with the summary or the finding and mould the relief to make it appropriate into the facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or maybe the nature of punishment. Within the aforesaid proposition, we are fortified through the decision from the Supreme Court while in 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(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
The convictions and sentences Upheld, as misappropriation was committed in the bank and due to the fact only the appellants were posted in the relevant time .(Criminal Appeal )
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—would be the principle by which judges are bound to this kind of past decisions, drawing on established judicial authority to formulate their positions.
This is because transfer orders are typically deemed within the administrative discretion from the employer. However, there might be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the suitable forum. Read more
73 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Relating the second issue of non-service of grievance notice. Under Section 33 of your Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice will not be served, the grievance petition may be dismissed. This is because service of the grievance notice is usually a mandatory prerequisite and also a precondition for filing a grievance petition. The regulation requires that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. If the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
A year later, Frank and Adel have a similar challenge. When they sue their landlord, the court must use the previous court’s decision in applying the regulation. This example of case regulation refers to two cases read while in the state court, at the same level.
13. The Supreme Court has held that when the act of misconduct is established as well as the employee is found guilty after due process of legislation, it's the prerogative from the employer to decide the quantum of punishment, out of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness of the act of misconduct is just not adequate but the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful fashion. Read more
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent as well as the case under appeal, Maybe overruling the previous case more info legislation by setting a different precedent of higher authority. This might transpire several times as the case works its way through successive appeals. Lord Denning, first of your High Court of Justice, later in the Court of Appeal, provided a famous example of this evolutionary process in his progress on the concept of estoppel starting in the High Trees case.
Using keywords effectively is usually very important. Contemplate using synonyms and variations of your keywords to make sure you seize all relevant results. Understanding the citation system used by Pakistani courts will also help you pinpoint specific cases.
10. Without touching the merits on the case in the issue of annual increases from the pensionary emoluments with the petitioner, in terms of policy decision of the provincial government, such yearly increase, if permissible during the case of employees of KMC, needs further assessment to become made by the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
13309-B of 2010 to generally be weak types of evidence plus the evidentiary value whereof would be observed with the time on the trial. The investigation of this case has already been finalized and, So, confirmed custody from the petitioner in jail is not going to serve any helpful purpose at this stage.”
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are proven by executive agencies based on statutes.