What Does case law property sale on special power of attorney Mean?
What Does case law property sale on special power of attorney Mean?
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It is usually important to note that granting of seniority to a civil servant without the actual duration of service practically violates the whole service composition for a civil servant inducted in Quality 17 by claiming these types of benefit without any experience be directly posted in any higher grade, which is neither the intention in the regulation nor on the equity. Read more
Today academic writers will often be cited in legal argument and decisions as persuasive authority; generally, They may be cited when judges are attempting to implement reasoning that other courts have not still adopted, or when the judge thinks the tutorial's restatement with the law is more powerful than could be found in case legislation. Hence common regulation systems are adopting one of several approaches very long-held in civil law jurisdictions.
In case the employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to respond to the grievance and attempt to resolve it. In certain cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only done if the employee can show that that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to lead evidence and also the petitioner company responded to the allegations as a result they were effectively aware of the allegations and led the evidence as a result this point is ofno use for being appeared into in constitutional jurisdiction at this stage. Read more
2299 of 2025. The findings are pending finalization and will be submitted without delay. In addition they stated that directives for strict compliance have been issued to all Karachi models, with non-compliance going through departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They are really directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above terms. Read more
In order to preserve a uniform enforcement of the laws, the legal system adheres for the doctrine of stare decisis
All executive and judicial authorities throughout Pakistan are obligated to act in support from the Supreme Court, making sure the enforcement of its judgments. Since the Supreme Court is the final arbitrator of all cases where the decision is arrived at, the decision in the Supreme Court needs for being taken care of as directed in terms of Article 187(two) of the Constitution. Read more
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is often a free and democratic region, and once a person becomes a major they can marry whosoever he/she likes; In the event the parents of the boy or Lady usually do not approve of such inter-caste or interreligious marriage the utmost they are able to do if they can Slice off social relations with the son or even the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that's major undergoes inter-caste or inter-religious marriage with a woman or gentleman who is a major, the pair is neither harassed by anybody nor subjected to threats or acts of violence and anybody who provides such threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings by the police against these types of persons and further stern action is taken against such person(s) as provided by regulation.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is usually a perfectly-recognized 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, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject towards the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings over the evidence.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a method 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 because of the disciplinary authority is based on no evidence. If your summary or finding is for instance no reasonable person would have ever achieved, the Court may interfere with the summary or maybe the finding and mildew the relief to make it suitable on the facts of every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. To the aforesaid proposition, we are fortified through the decision of the Supreme Court while 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(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits may be withheld on account of the allegations leveled against the petitioner, inside our view, section 20 of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension might be withheld or reduced. In certain cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established from the government.
These lists are sorted chronologically by Chief Justice and include things like all notable cases decided from the court. Articles exist for almost all cases.
Where there are several members of the court deciding a case, there could be a single or more judgments presented (or reported). Only the reason to the decision with the majority can constitute a binding precedent, but all might be cited as persuasive, or their reasoning may very well be adopted in an argument.
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 on the main case, It's also a effectively-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 rules nor proof of the fact or evidence within the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter to your 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-enjoy the evidence and to reach at its independent findings to read more the evidence.