About case laws on partial partition of joint properties

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93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It's also a nicely-proven proposition of law 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 succeed in 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, apply to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is topic to the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings within the evidence.

This Court may interfere where the authority held the proceedings against the delinquent officer in the fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached through 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 may possibly interfere with the conclusion or perhaps the finding and mildew the relief to really make it proper to the facts of every case. In service jurisprudence, the disciplinary authority may be 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're fortified via the decision on the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

Even though there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being listened to, it holds very little sway. Still, if there isn't any precedent during the home state, relevant case legislation from another state may be viewed as through the court.

extensive period petitioner wasn't thought of for promotion, meeting with the departmental promotion committee and think about the petitioner (Promotion)

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

There are numerous scenarios where death was never supposed – even more where All those nominated inside the FIR were not present when the injury or death occurred. The death of a human being is a tragic event. Though the death of any residing being is no less a tragic event.

P.C. Liability of petitioners with the reported offences would be determined via the acquired trial Court after sifting the evidentiary truly worth with the material manufactured before the same. Till then, case of

VI)     The petitioner is at the rear of the bars considering the fact that arrest, investigation in the case is complete, he is no more demanded for that purpose of investigation and at this stage to help keep him behind the bars before summary of trial will serve no practical purpose.

The DCFS social worker in charge from the boy’s case experienced the boy made a ward of DCFS, and in her six-month report on the court, the worker elaborated around the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.

[3] For example, in England, the High Court along with the Court of Appeals are Every bound by their possess previous decisions, however, For the reason that Practice Statement 1966 the Supreme Court of the United Kingdom can deviate from its earlier decisions, Whilst in practice it hardly ever does. A notable example of when the court has overturned its precedent could be the case of R v Jogee, where the Supreme Court with the United Kingdom ruled read more that it and the other courts of England and Wales had misapplied the legislation for practically 30 years.

share or interest of the co-owner in immovable property might also sold to another co-owner/co-sharer or perhaps to an stranger and section 44(Transfer of Property Act 1882)

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