A Simple Key For family law cases Unveiled
A Simple Key For family law cases Unveiled
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77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 with the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
The main target is to the intention to cause injury. This is actually a major issue: a particularly lower threshold for an offence carrying the death penalty.
This Court may possibly 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 mode of inquiry or where the summary or finding attained via the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever achieved, the Court may interfere with the summary or perhaps the finding and mould the relief to make it appropriate into 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-value the evidence or the nature of punishment. To the aforesaid proposition, we have been fortified by the decision of the Supreme Court within 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Some bodies are presented statutory powers to issue guidance with persuasive authority or similar statutory effect, like the Highway Code.
very long period petitioner wasn't thought of for promotion, meeting on the departmental promotion committee and consider the petitioner (Promotion)
This is because transfer orders are typically considered within the administrative discretion from the employer. However, there could be exceptions in cases where the transfer is inspired by malice, personal vendetta, or discrimination against the employee, They innocent misrepresentation case law might have grounds to challenge before the right forum. Read more
seventy three . 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 Touching on the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition could be dismissed. This is because service on the grievance notice is often a mandatory necessity and also a precondition for filing a grievance petition. The regulation demands that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. If your employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
Any court may seek out to distinguish the present case from that of a binding precedent, to achieve a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to a higher court.
9. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
The legislation of necessity regarded and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called regulation of necessity..
Apart from the rules of procedure for precedent, the burden specified to any reported judgment could depend upon the reputation of both the reporter as well as the judges.[7]
[3] For example, in England, the High Court plus the Court of Appeals are Each and every bound by their own previous decisions, however, For the reason that Practice Statement 1966 the Supreme Court with the United Kingdom can deviate from its earlier decisions, Even though in practice it seldom does. A notable example of when the court has overturned its precedent could be the case of R v Jogee, where the Supreme Court in the United Kingdom ruled that it as well as the other courts of England and Wales had misapplied the legislation for approximately thirty years.
share or interest of the co-owner in immovable property can also sold to another co-owner/co-sharer or even to an stranger and section 44(Transfer of Property Act 1882)
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