About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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Online access to case information for payments in select juvenile and domestic relations district courts. Cases can be searched using name, case number, or hearing date.
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 of your legislation laid down because of the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority of your parent department in the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay the pension amount and other ancillary benefits on the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority of your respondent is usually directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment around the grounds of extenuating circumstances. The court acknowledged that whilst the crime of murder was proven, the offender experienced a history of mental illness, which played a significant role in committing the offense. This case set a precedent for taking into consideration mitigating factors during sentencing.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Specified the legal analysis on the topic issue, we have been in the view that the claim in the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle is just not legally sound, Moreover promotion and seniority, not absolute rights, they are subject matter to rules and regulations In the event the recruitment rules of the subject post allow the case with the petitioners for promotion may be considered, however, we are very clear within our point of view that contractual service cannot be deemed for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health and fitness, subject to availability of vacancy subject matter towards the approval in the competent authority.
It is currently perfectly-settled that considerations for pre-arrest and post-arrest bail are entirely different, therefore, in our view the learned Judge experienced fallen in error to cancel the bail allowed to petitioner from the same Additional Sessions Judge.”
Reasonable grounds are offered within the record to connect the petitioner with the commission of the alleged offence. While punishment in the alleged offence does not fall while in the prohibitory clause of Section 497, Cr.P.C. nevertheless discovered Deputy Prosecutor General apprises that another case of similar nature arising out of FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is in the credit of your petitioner as accused, therefore, case on the petitioner falls in the exception where bail cannot be granted even during the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, steering continues to be sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion with the same is hereby reproduced:
Law professors traditionally have played a much scaled-down role in creating case regulation in common law than professors in civil regulation. Because court decisions in civil regulation traditions are historically brief[four] and not formally amenable to establishing precedent, much from the exposition in the legislation in civil law traditions is done by teachers somewhat than by judges; this is called doctrine and may be published in treatises or in journals which include Recueil Dalloz in France. Historically, common legislation courts relied small on legal scholarship; So, for the turn on the twentieth century, it absolutely was quite rare to see an educational writer quoted within a legal decision (apart from Maybe with the academic writings of well known judges for example Coke and Blackstone).
The appellant should have remained vigilant and raised his challenge to the Judgment within time. Read more
after release from the prison he lost interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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:Offered the legal analysis on the topic issue, we are with the view that the claim of the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is just not legally sound, Aside from promotion and seniority, not absolute rights, They are really matter to rules and regulations Should the recruitment rules of the subject post permit the case on the petitioners for promotion could possibly be thought of, however, we are obvious in our point of view that contractual service cannot be regarded for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, subject to availability of vacancy matter to your approval of your competent authority.
If the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had an opportunity to respond to the grievance and attempt to resolve it. In some cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only done if the employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to lead evidence as well as the petitioner company responded towards the allegations as a result they were nicely conscious of the allegations and led the evidence as a result this point is ofno use to be looked into in constitutional jurisdiction at this stage. 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؟
A lessen court may not rule against a binding precedent, even though it feels that it is unjust; it might only express the hope that a higher court or even the legislature will reform the rule in question. In case the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the legislation evolve, it may well either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts on the cases; some jurisdictions allow for the judge to recommend that an appeal be performed.
a hundred and fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance with the respondents that pensionary benefits may very well be withheld on account of the allegations leveled against the petitioner, in our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension may be withheld or reduced. These incorporate if a civil servant is found guilty check here of misconduct or negligence during their service, their pension might be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In certain cases, a civil servant's pension may very well be withheld or reduced if he/she fails to comply with certain conditions set with the government.