About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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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 around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
one zero one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it can be hassle-free for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to dispose of a case on benefit and more importantly when after recording of evidence it's got achieved to some stage of final arguments, endeavors should be made for advantage disposal when it has reached these kinds of stage. Read more
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment about the grounds of extenuating circumstances. The court acknowledged that though the crime of murder was proven, the offender had a history of mental illness, which played a significant role in committing the offense. This case set a precedent for considering mitigating factors during sentencing.
12. There is no denial from the fact that in Government service it is predicted that the persons getting their character earlier mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to accomplish absent with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 133 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
The reported recovery can be used, within the most, for corroboration of your main evidence, but by itself it cannot be described as a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of event. The said memo of pointation is irrelevant and inadmissible as nothing was discovered as a result of these types of pointation. The place of prevalence together with the place of throwing the dead body were already during the knowledge of witnesses previous to their pointation with the petitioners. Reliance can also be placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held because of the august Supreme Court of Pakistan as under:
Section 302 in the PPC deals with among the most significant offenses in criminal regulation: murder. In this weblog post, we will delve into the provisions of Section 302, take a look at the punishment it entails, and examine some notable case laws related to this particular section.
Where there are several members of a court deciding a case, there can be one or more judgments presented (or reported). Only the reason with the decision of the majority can represent a binding precedent, but all can be cited as persuasive, or their reasoning may be adopted within an argument.
The court cannot listen to the transfer order challenge since it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private check here respondents' appointment orders trying to keep in view that one of the respondents has retired from service as pointed out because of the counsel for the respondent university. twelve. The petition and applications pending therein stand dismissed with no order regarding costs. Read more
P.C. Liability of petitioners to the mentioned offences would be determined with the discovered trial Court after sifting the evidentiary worthy of on the material manufactured before the same. Till then, case of
Therefore, this petition is found to be not maintainable and is dismissed along with the pending application(s), plus the petitioners may perhaps request remedies through the civil court process as discussed supra. Read more
How much sway case law holds may change by jurisdiction, and by the precise circumstances on the current case. To examine this concept, take into account the following case law definition.
one. Judicial Independence: The court emphasised the importance of judicial independence along with the separation of powers.
share or interest of a co-owner in immovable property could also sold to another co-owner/co-sharer as well as to an stranger and section forty four(Transfer of Property Act 1882)
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are proven by executive agencies based on statutes.