About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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However, in an effort to strike a balance between the rights of citizens as well as plans that are executed because of the authorities for the welfare, economic progress and prosperity of your region, the Court didn't make a definitive ruling over the pending construction with the grid station, but, with the consent of both parties, ordered a review and report of grid project with the National Engineering Services of Pakistan (NESPAK) to propose alterations and location alternatives.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It is usually a nicely-proven proposition of law 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 within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic towards the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings to the evidence.
A survey of PACER buyers, conducted in 2021, measured person satisfaction and identified areas for improvement with PACER services. The Administrative Office from the U.S. Courts is using the survey results To guage and prioritize long term changes to PACER services and characteristics.
twelve. There is no denial from the fact that in Government service it is expected that the persons getting their character higher than board, free from any moral stigma, are to be inducted. Verification of character and antecedents is usually 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 some Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to carry out away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 133 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp
94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is well-settled that the civil servants must first go after internal appeals within 90 times. In case the appeal will not be decided within that timeframe, he/she will be able to then tactic the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 times for your department to act has already expired. About the aforesaid proposition, we've been guided with the decision in the Supreme Court from the here case of Dr.
The recent amendment to Section 489-File of the Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the law with contemporary challenges.
only on the ground of miscases remanded & only over the ground of misreading of evidence only on the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
Upholding Justice: The application on the law along with the subsequent punishment from the guilty party supply a feeling of closure and justice for the victim’s family and loved types.
In 1997, the boy was placed into the home of John and Jane Roe for a foster child. Although the couple experienced two youthful children of their own at home, the social worker did not tell them about the boy’s history of both being abused, and abusing other children. When she made her report into the court the following working day, the worker reported the boy’s placement during the Roe’s home, but didn’t mention that the few had young children.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a nearby electricity grid station resulting from probable health risks and dangers.
As a result, it absolutely was held that the right to the healthy environment was part in the fundamental right to life and right to dignity, under Article nine and 14 on the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all these kinds of amenities and amenities that a person is entitled to enjoy with dignity, legally and constitutionally.
This article delves into the intricacies with the recent amendment, accompanied by relevant case legislation, to offer an extensive understanding of its implications and realistic applications.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is effectively founded now that the provision for proforma promotion is not alien or unfamiliar into the civil servant service framework however it is already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may well if contented that a civil servant who was entitled being promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service for the Federation/ province while in the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
It is usually important to note that granting of seniority to a civil servant without the actual size of service pretty much violates the whole service framework to be a civil servant inducted in Grade seventeen by claiming these types of benefit without any experience be directly posted in any higher grade, which is neither the intention on the law nor of your equity. Read more