About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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Article 199 of the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It really is effectively-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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؟
V) During investigation, the Investigating Officer concluded that fireplace-arm injury which was fatal to the deceased was caused via the petitioner but in support of opinion of your Investigating Officer no iota of evidence is available on the file and mere ipsi dixit of police is not really binding on the Court.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Given the legal analysis on the subject issue, we have been with the view that the claim on the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle just isn't legally sound, besides promotion and seniority, not absolute rights, They can be subject to rules and regulations If your recruitment rules of the subject post permit the case of your petitioners for promotion might be regarded as, however, we are clear in our point of view that contractual service cannot be regarded for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health and fitness, subject matter to availability of vacancy subject matter into the approval of your competent authority.
The Pakistan Penal Code (PPC) is a comprehensive piece of legislation that defines various criminal offenses and prescribes corresponding punishments for all those found guilty.
Reasonable grounds can be obtained over the record to connect the petitioner with the commission from the alleged offence. Even though punishment with the alleged offence does not drop while in the prohibitory clause of Section 497, Cr.P.C. still acquired 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 within the credit in the petitioner as accused, therefore, case with the petitioner falls within the exception where bail cannot be granted even while in the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, steerage has become 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:
Petitioner owning been declared an absconder in this case for over a person in addition to a 50 % year generates the apprehension that the petitioner may possibly avoid standing trial and consequently delay the prosecution from the case. The material on record makes the case of your petitioner falls under two exceptions on the rule of grant of bail as mentioned above.
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to follow.
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 produced and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
In Dosso's here case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when The essential norm underlying a Constitution disappears plus a new system is set in its place.
Alternative Punishment: In some cases, the court might have the discretion to award life imprisonment as an alternative to your death penalty. Life imprisonment involves the offender spending the rest of their life powering bars without the possibility of parole or early release.
To invoke section three hundred and 302 just because death has occurred is the most important tragedy of all. It does the precise opposite of what a legal system is there to perform, i.e. secure its citizens.
In order to preserve a uniform enforcement in the laws, the legal system adheres on the doctrine of stare decisis
It's also important to note that granting of seniority into a civil servant without the actual duration of service just about violates the whole service construction being a civil servant inducted in Quality seventeen by claiming this kind of benefit without any experience be directly posted in any higher quality, which is neither the intention of your regulation nor of the equity. Read more