misrepresentation case law Can Be Fun For Anyone
misrepresentation case law Can Be Fun For Anyone
Blog Article
Также здесь представлены профилактических мерах, актуальных подходах и рекомендациях специалистов.
In accordance with the EPA charge schedule, the request should be limited in scope, instead of be meant for redistribution on the internet or for commercial purposes.
This Court may well interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached via the disciplinary authority is based on no evidence. If your 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 mold the relief to make it acceptable to the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. To the aforesaid proposition, we have been fortified through the decision with the Supreme Court inside 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-25 Approved for Reporting WhatsApp
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Provided the legal analysis on the topic issue, we are from the view that the claim from the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle is not really legally sound, Other than promotion and seniority, not absolute rights, They're matter to rules and regulations if the recruitment rules of the subject post permit the case on the petitioners for promotion might be regarded as, however, we're obvious inside our point of view that contractual service cannot be viewed as for seniority and promotion given that the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health, subject matter to availability of vacancy issue towards the approval on the competent authority.
“Making certain the precision of legal information is paramount,” says Barrister Ayesha Khan, a leading legal expert in Lahore. “Cross-referencing information from multiple trustworthy sources is essential for reliable legal research.”
The recent amendment to Section 489-F with the Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the legislation with contemporary challenges.
The reason for this difference is that these civil legislation jurisdictions adhere to the tradition that the reader should be capable of deduce the logic from get more info the decision and the statutes.[4]
Any court may perhaps request to distinguish the present case from that of a binding precedent, to achieve a different conclusion. The validity of such a distinction might or might not be accepted on appeal of that judgment to your higher court.
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it requires legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
All bankruptcy courts have a telephone information system, also known because the Voice Case Information System, that enables callers to obtain fundamental case information through a touchtone phone. This is free to make use of and readily available 24 hrs every day.
Criminal cases From the common law tradition, courts decide the law applicable to a case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. In contrast to most civil legislation systems, common law systems follow the doctrine of stare decisis, by which most courts are bound by their very own previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions dependable with the previous decisions of higher courts.
Generally speaking, higher courts never have direct oversight over the lower courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments from the decreased courts.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is perfectly recognized now that the provision for proforma promotion is just not alien or unfamiliar for the civil servant service construction but it is already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may possibly if pleased that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service into the Federation/ province while in the higher post, direct that this sort of civil servant shall be paid the arrears of spend and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination with the current case are called obiter dicta, which represent persuasive authority but will not be technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[four]