About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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five. Acquired Deputy Prosecutor General together with counsel with the complainant further argued that during the investigation in the case the petitioner Mst. Mubeena Bibi led to your recovery of sleeping products on 14.02.2018. The report of Punjab Forensic Science Agency, Lahore has long been created before the Court wherein the sleeping products were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected within the liver although not while in the stomach. For this reason, the recovery of explained sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Figured out Deputy Prosecutor General along with counsel for the complainant have also argued that during the investigation on the case the petitioner Bhoora led towards the recovery of the motorcycle.
The mentioned case laws offer insights into how the courts interpret and implement Section 302, emphasizing the importance of the fair and just legal system. It truly is very important for society to understand the gravity of this offense and also the need for stringent punishment to discourage opportunity offenders and make sure justice for that victims and their people.
These platforms empower individuals to understand their legal rights and obligations, endorsing a more informed and just society.
competent authority and if any appeal or representation is filed the same shall be decided(Promotion)
R.O, Office, Gujranwala and the police officials did not inform him that the identification parade with the accused has not been conducted but. In the instant case, now the accused attempted to get advantage of the program aired by SAMAA News, wherein the image on the petitioner was commonly circulated. The police should not have uncovered the identity in the accused through electronic media. The law lends assurance into the accused that the identity should not be exposed to the witnesses, particularly to the witness to recognize 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 generated pictures. In addition to, the images shown within the media reveal that a mask wasn't placed over the accused to cover his identity till he was put up for an identification parade. Making pictures of your accused publically, both by showing the same to the witness or by publicizing the same in almost any newspaper or program, would create doubt from the proceedings of your identification parade. The Investigating Officer has to ensure that there is not any probability for the witness to begin to see the accused before going on the identification parade. The accused should not be shown towards the witness in person or through any other method, i.e., photograph, video-graph, or maybe the push or electronic media. Presented the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 into the main case, It is additionally a very well-established proposition of legislation 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic into the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings to the evidence.
ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is well-settled that even though contemplating the case of normal promotion of civil servants, the competent authority needs to look at the advantage of all the qualified candidates and after because of deliberations, to grant promotion to these types of eligible candidates who will be found for being most meritorious among them. Because the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed from the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy within the part on the respondent department.
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The prosecution presented substantial evidence, together with eyewitness testimonies and expert forensic analysis, confirming the copyright nature of your seized currency.
If that judgment goes to appeal, read more the appellate court will have the opportunity to review both the precedent along with the case under appeal, Maybe overruling the previous case law by setting a whole new precedent of higher authority. This may well happen several times because the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his improvement from the concept of estoppel starting in the High Trees case.
How much sway case law holds may perhaps range by jurisdiction, and by the exact circumstances of your current case. To explore this concept, evaluate the following case regulation definition.
This article delves into the intricacies from the recent amendment, accompanied by relevant case law, to deliver an extensive understanding of its implications and simple applications.
A reduce court might not rule against a binding precedent, although it feels that it is unjust; it may well only express the hope that a higher court or even the legislature will reform the rule in question. If your court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the regulation evolve, it could possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow to get a judge to recommend that an appeal be completed.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination with the current case are called obiter dicta, which represent persuasive authority but are certainly not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[four]