5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
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seventy seven . 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 instant Petition under Article 199 on the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Unfortunately, that was not legitimate. Just two months after being placed with the Roe family, the Roe’s son informed his parents that the boy experienced molested him. The boy was arrested two days later, and admitted to obtaining sexually molested the couple’s son several times.
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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:Specified the legal analysis on the subject issue, we're of your view that the claim on the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle just isn't legally audio, besides promotion and seniority, not absolute rights, These are matter to rules and regulations Should the recruitment rules of the topic post allow the case with the petitioners for promotion may be viewed as, however, we are obvious in our point of view that contractual service cannot be deemed for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum fitness, topic to availability of vacancy matter on the approval on the competent authority.
The court system is then tasked with interpreting the legislation when it is unclear the way it relates to any presented situation, frequently rendering judgments based about the intent of lawmakers as well as circumstances of your case at hand. This kind of decisions become a guide for potential similar cases.
This Court may well interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at with the disciplinary authority is based on no evidence. In case the summary or finding is for example no reasonable person would have ever achieved, the Court might interfere with the conclusion or the finding and mold the relief to make it appropriate to the facts check here of each and every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. About the aforesaid proposition, we've been fortified because of the decision of the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
be recognized without an iota of doubt in all other jurisdictions) will be inferred. This is a horrifying reality, a particularly very low threshold for an offence that carries capital punishment.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 in the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to a person causes death of this kind of person, both by mistake of act or by mistake of fact is alleged to commit qatl-i-khata.”
In 1997, the boy was placed into the home of John and Jane Roe to be a foster child. Although the couple experienced two youthful children of their individual at home, the social worker did not inform them about the boy’s history of both being abused, and abusing other children. When she made her report towards the court the following day, the worker reported the boy’s placement during the Roe’s home, but didn’t mention that the pair had young children.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a nearby electricity grid station resulting from likely health risks and dangers.
So, it was held that the right to your healthy environment was part of your fundamental right to life and right to dignity, under Article 9 and fourteen of the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all sides of human existence, all such amenities and facilities that a person is entitled to appreciate with dignity, legally and constitutionally.
Generally speaking, higher courts tend not to have direct oversight over the lessen courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments of the reduce courts.
ninety . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion will be the vested right of a civil servant, therefore, neither any seniority nor any promotion could possibly be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular size of service for turning out to be entitled to get considered for promotion to some higher grade, of course, isn't without logic as the officer who is at first inducted to your particular post needs to provide about the stated post to gain experience to hold the next higher post and to provide the public inside of a befitting way.
The decision further directed the government of Pakistan to determine a commission of internationally known and acknowledged scientists to review and rule on future grid station projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power strains.