An Unbiased View of responsibility of finder of goods case laws
An Unbiased View of responsibility of finder of goods case laws
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As being the Supreme Court is the final arbitrator of all cases where the decision is reached, therefore the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(two) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Some pluralist systems, such as Scots regulation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, tend not to exactly in shape into the dual common-civil regulation system classifications. These types of systems may possibly have been heavily influenced by the Anglo-American common regulation tradition; however, their substantive legislation is firmly rooted inside the civil law tradition.
14. In the light with the position explained higher than, it's concluded that a civil servant contains a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This ruling has conditions, and For the reason that petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. 9. In view of the above facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
As a result, the petition and any related applications are dismissed. The Petitioner needs to go after his remedy through an appeal before the competent authority. If this sort of an appeal has not nevertheless been decided, it should be addressed. Following that decision, the Petitioner could then look for further recourse before the Service Tribunal. Read more
Civil Courts retain 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 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year aged boy from his home to protect him from the Terrible physical and sexual abuse he experienced suffered in his home, and to prevent him from abusing other children while in the home. The boy was placed in an crisis foster home, and was later shifted close to within the foster care system.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it can be practical for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to dispose of a case on merit and more importantly when after recording of evidence it's got arrived at to some stage of final arguments, endeavors should be made for benefit disposal when it has reached these stage. Read more
ten. Without touching the merits on the case with the issue of annual increases from the pensionary emoluments from the petitioner, in terms of policy decision of the provincial government, such annual increase, if permissible within the case of employees of KMC, calls for further assessment to be made with the court of plenary jurisdiction. KMC's reluctance on account of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, aiding you in understanding the intricacies of land and property legislation.
Federalism also plays a major role in determining the authority of case regulation in a very particular court. Indeed, Every single circuit has its personal set of binding case legislation. As a result, a judgment rendered during the Ninth Circuit will not be binding during the Second Circuit but will have persuasive authority.
The different roles of case regulation in civil and common law traditions create differences in how that courts render decisions. Common law courts generally explain in detail the legal rationale guiding their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the broader legal principles.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually well set up now that the provision for proforma promotion just isn't alien or unfamiliar on the civil servant service composition but it's already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may well if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service towards the Federation/ province within the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, It is additionally a perfectly-set up proposition of legislation 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 latest case laws on section 489 f ppc or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter to your procedure provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings around the evidence.