About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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However, in an effort to strike a balance between the rights of citizens along with the plans that are executed from the authorities with the welfare, financial development and prosperity of the region, the Court didn't come up with a definitive ruling on the pending construction in the grid station, but, with the consent of both parties, ordered a review and report of grid project via the National Engineering Services of Pakistan (NESPAK) to advise alterations and location alternatives.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the regulation laid down from the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of the parent department in the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and pay out the pension amount and other ancillary benefits to the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority on the respondent can also be directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
4. It's been noticed by this Court that there is actually a delay of in the future inside the registration of FIR which has not been explained with the complainant. Moreover, there is no eye-witness with the alleged incidence plus the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners has 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 transpired to generally be the real brothers of the deceased but they didn't respond in the slightest degree into the confessional statements of the petitioners and calmly observed them leaving, 1 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 is no explanation concerning why her arrest was not effected after making from the alleged extra judicial confession. It's been held on so many instances that extra judicial confession of an accused is a weak type of evidence which could be manoeuvred by the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is likewise counting 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 with the place, where they allegedly saw the petitioners jointly on the motorcycle at four.
12. There is not any denial from the fact that in Government service it is anticipated that the persons getting their character higher than board, free from any moral stigma, are to get inducted. Verification of character and antecedents is a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service is 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 try and do away with the candidature of the 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-25 Approved case laws of income tax section wise for Reporting WhatsApp
It is currently properly-settled that considerations for pre-arrest and post-arrest bail are thoroughly different, therefore, within our view the acquired Judge had fallen in error to cancel the bail allowed to petitioner by the same Additional Sessions Judge.”
Reasonable grounds are available within the record to attach the petitioner with the commission with the alleged offence. Though punishment from the alleged offence does not drop inside the prohibitory clause of Section 497, Cr.P.C. nevertheless figured out Deputy Prosecutor General apprises that another case of similar nature arising outside of FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is within the credit from the petitioner as accused, therefore, case in the petitioner falls while in the exception where bail cannot be granted even while in the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, steering has long been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of the same is hereby reproduced:
If a target is shot at point-blank variety, it may still be fair to infer that the accused supposed death. However, that will not be always the case.
6. Mere involvement within a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled to the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, due to the fact then he is guiding the bars, he is previous non-convict, never involved in any case, investigation qua him is complete, his person isn't any more required for further investigation, therefore, his ongoing incarceration would not provide any effective purpose at this stage.
The prosecution presented substantial evidence, which include eyewitness testimonies and expert forensic analysis, confirming the copyright nature on the seized currency.
The legislation of necessity identified and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it was the illegal action called legislation of necessity..
Apart from the rules of procedure for precedent, the load provided to any reported judgment may possibly depend on the reputation of both the reporter and the judges.[seven]
This article delves into the intricacies in the recent amendment, accompanied by relevant case legislation, to deliver a comprehensive understanding of its implications and functional applications.
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In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.