The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
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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 of the Constitution based within 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 inside the intervening period the respondent dismissed him from service where after he preferred petition No.
fourteen. While in the light in the position explained earlier mentioned, it is concluded that a civil servant provides a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the length of service or within 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-25 Approved for Reporting WhatsApp
This Court may well interfere where the authority held the proceedings against the delinquent officer in 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 through the disciplinary authority is based on no evidence. If the summary or finding is such as no reasonable person would have ever attained, the Court could interfere with the summary or even the finding and mold the relief to really make it suitable towards the facts of every 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-respect the evidence or perhaps the nature of punishment. About the aforesaid proposition, we're fortified by 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(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Rulings by courts of “lateral jurisdiction” are usually not binding, but may be used as persuasive authority, which is to present substance into the party’s argument, or to guide the present court.
Subscription access exclusively for organizations/businesses (SCC ID needed) to criminal case information in participating Circuit Courts to the purpose of confirming of an individual’s date of birth.
Power to levy tax also to legislate on immovable property such as tax website on once-a-year rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it requires legal transfer of title. Agreement to sell must be made and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
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The DCFS social worker in charge of your boy’s case experienced the boy made a ward of DCFS, As well as in her 6-thirty day period report to the court, the worker elaborated about the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
The case of *R v. Ahmed* exemplifies the practical application of this amendment and its prospective to secure financial interests and maintain the integrity of the national currency. As legal practitioners and citizens, an extensive grasp of such changes is significant for upholding the principles of justice and contributing to a sturdy legal system.
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In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.