5 Simple Techniques For case law on gift in cash

5 Simple Techniques For case law on gift in cash

Blog Article

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 with the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to 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.

101 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it really is easy for your Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to get rid of a case on merit and more importantly when after recording of evidence it's attained to your stage of final arguments, endeavors should be made for merit disposal when it's achieved these kinds of stage. Read more

When the state court hearing the case reviews the law, he finds that, while it mentions large multi-tenant properties in certain context, it can be actually very imprecise about whether the 90-day provision relates to all landlords. The judge, based within the specific circumstances of Stacy’s case, decides that all landlords are held on the 90-working day notice necessity, and rules in Stacy’s favor.

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؟

Now it is properly-settled that considerations for pre-arrest and post-arrest bail are absolutely different, therefore, within our view the realized Judge experienced fallen in error to cancel the bail allowed to petitioner by the same Additional Sessions Judge.”

This Court may well interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding attained via the disciplinary authority is based on no evidence. If the conclusion or finding is like no reasonable person would have ever arrived at, the Court could interfere with the conclusion or even the finding and mildew the relief to make it ideal towards the 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-respect the evidence or the nature of punishment. Around the aforesaid proposition, we are fortified with the decision of the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

only on the ground of miscases remanded & only about the ground of misreading of evidence only to the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)

A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must utilize the previous court’s decision in applying the legislation. This example of case regulation refers to two cases read during the state court, with the same level.

Generally, only an website appeal accepted because of the court of very last resort will resolve this sort of differences and, For lots of reasons, these appeals tend to be not granted.

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when The essential norm underlying a Constitution disappears along with a new system is place in its place.

The death penalty, also known as capital punishment, could be the most severe form of punishment for murder under Section 302. It requires the execution from the convicted person being a consequence of their crime.

three. Rule of Law: The court reiterated the importance of upholding the rule of law and making sure that all institutions function within their constitutional mandates.

A lower court might not rule against a binding precedent, although it feels that it's unjust; it may well only express the hope that a higher court or maybe the legislature will reform the rule in question. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the law evolve, it could both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts with the cases; some jurisdictions allow for any judge to recommend that an appeal be performed.

In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.