About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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5. Figured out Deputy Prosecutor General along with counsel to the complainant further argued that during the investigation in the case the petitioner Mst. Mubeena Bibi led to your recovery of sleeping drugs on 14.02.2018. The report of Punjab Forensic Science Agency, Lahore has been made before the Court wherein the sleeping drugs were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected from the liver but not while in the belly. Therefore, the recovery of explained sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Acquired Deputy Prosecutor General and counsel for the complainant have also argued that during the investigation in the case the petitioner Bhoora led to your recovery of a motorcycle.
14. From the light in the position explained previously mentioned, it truly is concluded that a civil servant incorporates a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or from the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not utilize, as the criminal Court has not convicted the petitioner, fairly he continues to be acquitted of the criminal charges based on evidence and it can be nicely-settled legislation that once the civil servant is acquitted while in the criminal case, then on this quite charge he cannot be awarded in almost any punishment through the department and held him disqualified for that post because acquittal for all upcoming purposes. The aforesaid proposition has long been established at naught by the Supreme Court of Pakistan inside the case of your District Police Officer Mainwali and a pair of others v.
twelve. There is not any denial from the fact that in Government service it is predicted that the persons getting their character earlier mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents can be a condition precedent for appointment to a 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 your Government service is definitely 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 perform absent with the candidature with the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
R.O, Office, Gujranwala along with the police officials didn't inform him that the identification parade on the accused hasn't been conducted nonetheless. In the instant case, now the accused made an effort to acquire advantage of This system aired by SAMAA News, wherein the image with the petitioner was extensively circulated. The police should not have exposed the identity from the accused through electronic media. The regulation lends assurance into the accused that the identity should not be subjected to the witnesses, get more info particularly with the witness to establish the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and created shots. Apart from, the images shown over the media reveal that a mask was not placed over the accused to hide his identity until he was place up for an identification parade. Making pictures with the accused publically, either by showing the same for the witness or by publicizing the same in almost any newspaper or application, would create doubt during the proceedings in the identification parade. The Investigating Officer has to make certain that there is no probability for the witness to see the accused before going for the identification parade. The accused should not be shown into the witness in person or through any other method, i.e., photograph, video-graph, or perhaps the press or electronic media. Given the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
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 tumble while in the prohibitory clause of Section 497, Cr.P.C. nevertheless realized Deputy Prosecutor General apprises that another case of similar nature arising out of FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is while in the credit from the petitioner as accused, therefore, case of your petitioner falls in the exception where bail cannot be granted even within the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, guidance is sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of your same is hereby reproduced:
Law professors traditionally have played a much lesser role in building case law in common law than professors in civil regulation. Because court decisions in civil legislation traditions are historically brief[4] and never formally amenable to establishing precedent, much of the exposition on the regulation in civil legislation traditions is completed by academics alternatively than by judges; this is called doctrine and may be published in treatises or in journals like Recueil Dalloz in France. Historically, common regulation courts relied minor on legal scholarship; As a result, on the turn of the twentieth century, it absolutely was pretty scarce to check out a tutorial writer quoted in a very legal decision (besides Maybe for that academic writings of well known judges such as Coke and Blackstone).
Electronic and paper court records retained at the court site could be viewed within the courthouse for free, however there is a fee of 10 cents for each page to print from a public access terminal.
after release from the jail he missing interest to contest the instant 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:Provided the legal analysis on the subject issue, we're of your view that the claim in the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is just not legally seem, besides promotion and seniority, not absolute rights, They may be subject matter to rules and regulations Should the recruitment rules of the topic post allow the case from the petitioners for promotion may very well be deemed, however, we have been crystal clear inside our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health, subject matter to availability of vacancy subject matter into the approval in the competent authority.
Finally, a significant contribution of this case which was accepted for consideration via the Court under Article 184 (three), has long been setting a precedent which allows for much simpler access towards the public to method the superior courts and the subordinate courts on environment related issues.
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؟
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It may be used to guide the court, but will not be binding precedent.
competent authority has determined the eligibility with the private respondents and found them to be healthy for promotion. CP dismissed(Promotion)