case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
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These provisions implement to cases where evidence was recorded after the QSO's enforcement, even if the transaction occurred just before its promulgation. Read more
Case legislation is specific to your jurisdiction in which it absolutely was rendered. For example, a ruling in the California appellate court would not commonly be used in deciding a case in Oklahoma.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have listened to the acquired counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues of your matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section seven(1) in the Illegal Dispossession Act 2005 at hand over possession in the subjected premises to your petitioner; that Illegal Dispossession Case needs being decided by the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this element for interim custody of the topic premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
The ruling of your first court created case regulation that must be accompanied by other courts until eventually or Until both new law is created, or perhaps a higher court rules differently.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion involves a go to the higher position with increased responsibilities and rank. Upgradation, on the other hand, offers financial relief by putting an employee in a higher spend scale, without modifying their task duties or position. It's a mechanism designed to address the stagnation of employees who have remained within the same pay out scale for a long time, particularly when they lack options for promotion. Upgradation can be a policy Resource used to reduce the hardship of lengthy-term stagnation. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it necessitates legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
PLR can be a revolutionizing platform democratizing and making legal research easy and accessible in Pakistan :
Because of this, only citing the case is more prone to annoy a judge than help the party’s case. Think of it as calling anyone to tell them you’ve found their misplaced phone, then telling them you live in these types of-and-these kinds of neighborhood, without actually supplying them an address. Driving throughout the community looking to find their phone is likely to become more frustrating than it’s truly worth.
On June sixteen, 1999, a lawsuit was filed on behalf of your boy by a guardian ad litem, against DCFS, the social worker, as well as the therapist. A similar lawsuit was also filed on behalf of the Roe’s victimized son by a different guardian advertisement litem. The defendants petitioned the trial court for your dismissal based on absolute immunity, as they were all acting in their Work opportunities with DCFS.
This Court might 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 method of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. If your summary or finding is such as no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or perhaps the finding and mould the relief to make it appropriate to 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 even the nature of punishment. Over the aforesaid proposition, we have been fortified through the decision from the Supreme Court 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 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
As a result, this petition is hereby disposed of in the terms stated earlier mentioned. However no harassment shall be caused to both party as well as the case shall be decided with the competent court of legislation if pending. Read more
ten. Based within the findings in the inquiry committee, this petition just isn't viewed as maintainable and is therefore liable for being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's perfectly proven now that the provision for proforma promotion is not alien or unfamiliar into the civil servant service composition however it is already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may perhaps if contented that a civil servant who was entitled to be promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service for the Federation/ province during the higher post, direct that this sort of civil servant shall be paid the arrears of pay and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming towards the main case, It is additionally a nicely-recognized 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 summary. But that finding must be based on some evidence. Neither the technical here rules nor proof of a fact or evidence inside the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject on the procedure provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings over the evidence.