5 Essential Elements For case law for cancelation of hiba in pakistan

5 Essential Elements For case law for cancelation of hiba in pakistan

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refers to law that comes from decisions made by judges in previous cases. Case law, also known as “common legislation,” and “case precedent,” delivers a common contextual background for certain legal concepts, And the way These are applied in certain types of case.

This Court may possibly 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 conclusion or finding achieved because of the disciplinary authority is based on no evidence. In the event the conclusion or finding is which include no reasonable person would have ever achieved, the Court may interfere with the summary or even the finding and mold the relief to make it acceptable to your facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or maybe the nature of punishment. About the aforesaid proposition, we are fortified because of the decision with the Supreme Court from 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

The convictions and sentences Upheld, as misappropriation was committed from the bank and given that only the appellants were posted in the relevant time .(Criminal Appeal )

139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the subject issue, we've been with the view that the claim with the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle just isn't legally seem, Moreover promotion and seniority, not absolute rights, They can be subject to rules and regulations If your recruitment rules of the topic post permit the case with the petitioners for promotion may very well be deemed, however, we've been very clear inside our point of view that contractual service cannot be deemed for seniority and promotion as the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health and fitness, issue to availability of vacancy matter to the approval with the competent authority.

Reasonable grounds are offered within the record to connect the petitioner with the commission from the alleged offence. However punishment with the alleged offence does not tumble in the prohibitory clause of Section 497, Cr.P.C. but acquired Deputy Prosecutor General apprises that another case of similar nature arising outside of FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is in the credit on the petitioner as accused, therefore, case of your petitioner falls inside the exception where bail cannot be granted even from the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, advice continues to be sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of the same is hereby reproduced:

In this case, the Supreme Court of Pakistan upheld the death penalty for that accused who intentionally murdered the victim.

forty eight . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice on the Peace u/s 22-A isn't obliged to afford a possibility of hearing for the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is required to look at all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more

Accessing free case regulation sites in Pakistan is essential for legal professionals, students, and any one seeking to understand Pakistani legal precedents.

two. I have read the discovered counsel for your parties and also figured out DPG at size, perused the record and observed that:-

If the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't had a possibility to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, website this is frequently only accomplished When the employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to lead evidence along with the petitioner company responded for the allegations therefore they were very well mindful of the allegations and led the evidence as a result this point is ofno use to get appeared into in constitutional jurisdiction at this stage. Read more

Regardless of its popularity, hardly any may concentrate on its intricacies. This article is really an attempt to highlight the flaws of this section as well as particularly low threshold that governs it.

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fourteen. While in the light on the position explained previously mentioned, it is actually concluded that a civil servant features 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 thought of for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Read more