5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
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Article 199 of your Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It's nicely-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Unfortunately, that was not genuine. Just two months after being placed with the Roe family, the Roe’s son advised his parents that the boy had molested him. The boy was arrested two days later, and admitted to owning sexually molested the few’s son several times.
four. It's been noticed by this Court that there is really a delay of sooner or later inside the registration of FIR which hasn't been explained by the complainant. Moreover, there isn't any eye-witness on the alleged occurrence and also the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners has long been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram occurred to generally be the real brothers from the deceased but they didn't respond in the slightest degree to the confessional statements from the petitioners and calmly noticed them leaving, just one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation as to why her arrest was not effected after making in the alleged extra judicial confession. It has been held on countless situations that extra judicial confession of the accused can be a weak kind of evidence which could be manoeuvred via the prosecution in any case where direct connecting evidence does not come their way. The prosecution is also relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to presence of some light on the place, where they allegedly observed the petitioners together on the motorcycle at 4.
This unfortunate ambiguity results in the legislation regarding murder and manslaughter being repugnant with Each individual other.
The court system is then tasked with interpreting the legislation when it is actually unclear how it applies to any specified situation, frequently rendering judgments based within the intent of lawmakers and also the circumstances of your case at hand. These kinds of decisions become a guide for upcoming similar cases.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding attained from the disciplinary authority is based on no evidence. Should the conclusion or finding is like no reasonable person would have ever reached, the Court could interfere with the conclusion or perhaps the finding and mold the relief to make it acceptable on 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 perhaps the nature of punishment. Over the aforesaid proposition, we are fortified because of the decision in the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
73 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Referring to the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition may be dismissed. This is because service on the grievance notice is usually a mandatory need and also a precondition for filing a grievance petition. The regulation necessitates that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
The court cannot hear 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 respondents' appointment orders retaining in view that among the respondents has retired from service as pointed out by the counsel for that respondent university. twelve. The petition and applications pending therein stand dismissed with no order as to costs. Read more
This system, to be click here used by members on the Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station as a result of opportunity health risks and dangers.
Online access to some statewide search of adult criminal case information during the juvenile & domestic relations district courts, criminal and traffic case information in general district courts and choose circuit courts. Note: Payments cannot be made using this system.
ten. Without touching the merits in the case in the issue of annual increases inside the pensionary emoluments of your petitioner, in terms of policy decision of the provincial government, such annual increase, if permissible while in the case of employees of KMC, necessitates further assessment to generally be made because of the court of plenary jurisdiction. KMC's reluctance due to funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion would be the vested right of a civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for starting to be entitled to generally be deemed for promotion into a higher grade, of course, just isn't without logic because the officer who is initially inducted to a particular post needs to serve over the explained post to gain experience to hold the next higher post and also to serve the public within a befitting fashion.
The decision further directed the government of Pakistan to determine a commission of internationally known and acknowledged scientists to review and rule on upcoming 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 lines.