About case laws on partial partition of joint properties
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 is also a well-set up 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is issue on the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings around the evidence.
These lists are sorted chronologically by Chief Justice and contain all notable cases decided by the court. Articles exist for almost all cases.
competent authority and when any appeal or representation is filed the same shall be decided(Promotion)
“Guaranteeing the accuracy of legal information is paramount,” says Barrister Ayesha Khan, a leading legal expert in Lahore. “Cross-referencing information from multiple reputable sources is essential for reliable legal research.”
Reasonable grounds are offered around the record to attach the petitioner with the commission of your alleged offence. Even though punishment from the alleged offence does not drop in the prohibitory clause of Section 497, Cr.P.C. but learned Deputy Prosecutor General apprises that another case of similar nature arising out of FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is within the credit with the petitioner as accused, therefore, case from the petitioner falls inside the exception where bail cannot be granted even inside the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, steering has actually been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion in the same is hereby reproduced:
If a victim is shot at point-blank vary, it could still be fair to infer that the accused intended death. However, that isn't always the case.
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice from the Peace u/s 22-A will not be obliged to afford a possibility of hearing to the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is needed to look at all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are several of the relevant factors. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it calls for legal transfer of title. Agreement to sell must be developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when The fundamental norm underlying a Constitution disappears as well as a new system is set in its place.
Finally, a vital contribution of this case which was accepted for consideration because of the Court under Article 184 (3), has actually been setting a precedent which allows for much less complicated access towards the public to technique the superior courts as well as subordinate courts on environment related issues.
In order to prove murder, there should be an intention to cause the death of that person along with the action of actually injuring them – and that injury subsequently leading to and causing the death of that person.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to some healthy environment. This decision is particularly significant as there aren't any specific provisions during the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it really is important that the case established the application on the precautionary principle where read more there is actually a danger to environmental rights, and emphasized the positive obligations of your State in protecting the right to a clean and healthy environment.
The residents argued that the high-voltage grid station would pose a health risk and potential hazard to local residents. In the long run, the court determined the scientific evidence inconclusive, while observing the general development supports that electromagnetic fields have adverse effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle set out while in the 1992 Rio Declaration about the Environment and Enhancement, the first international instrument that linked environment protection with human rights, whereby The shortage of full scientific certainty should not be used being a reason to prevent environmental degradation.