About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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“There isn't any ocular evidence to show that Muhammad Abbas was murdered by any with the present petitioners. Mere fact that Noor Muhammad and Muhammad Din observed firstly the deceased and after a long way they observed the petitioners going towards the same direction, didn't mean that the petitioners were chasing the deceased or were accompanying him. Such evidence cannot be treated as evidence of past found.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, it is also a very well-set up 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter to the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings over the evidence.
V) During investigation, the Investigating Officer concluded that fireplace-arm injury which was fatal on the deceased was caused by the petitioner but in support of opinion from the Investigating Officer no iota of evidence is accessible on the file and mere ipsi dixit of police is not binding to the Court.
twelve. There is not any denial from the fact that in Government service it is expected that the persons obtaining their character above board, free from any moral stigma, are to get inducted. Verification of character and antecedents can be a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to the Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete absent with the candidature on the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 133 Order Date: 15-JAN-25 Approved for Reporting WhatsApp
long period petitioner was not thought of for promotion, meeting from the departmental promotion committee and consider the petitioner (Promotion)
Section 302 from the PPC deals with among the most serious offenses in criminal legislation: murder. In this weblog post, we will delve into the provisions of Section 302, examine the punishment it involves, and examine some notable case laws related to this particular section.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the topic issue, we're of your view that the claim on the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle is just not legally seem, Moreover promotion and seniority, not absolute rights, These are topic to rules and regulations If your recruitment rules of the subject post permit the case from the petitioners for promotion can be considered, however, we are crystal clear inside our point of view that contractual service cannot be regarded as for seniority and promotion as being the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, issue to availability of vacancy subject matter towards the approval in the competent authority. Read more
A year later, Frank and Adel have a similar trouble. When they sue their landlord, the court must make use of more info the previous court’s decision in implementing the regulation. This example of case law refers to 2 cases heard while in the state court, in the same level.
This ruling has conditions, and Because the petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. 9. In view of the above facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
2. I have read the acquired counsel with the parties as well as figured out DPG at size, perused the record and observed that:-
The DCFS social worker in charge with the boy’s case experienced the boy made a ward of DCFS, As well as in her six-thirty day period report to your court, the worker elaborated over the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
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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, along with the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as being a legally acknowledged conviction. Read more
This section specifically relates to civil servants who will be rendered surplus because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, are certainly not subject towards the provisions on the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the using organization. Therefore, the provisions of Section 11-A, such as the possibility of being posted to another department, would not implement to non-civil servants. Read more