About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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5. Discovered Deputy Prosecutor General and also counsel with the complainant further argued that during the investigation of the case the petitioner Mst. Mubeena Bibi led to the recovery of sleeping tablets on 14.02.2018. The report of Punjab Forensic Science Agency, Lahore has become made before the Court wherein the sleeping tablets were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected from the liver but not in the tummy. Therefore, the recovery of stated sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Realized Deputy Prosecutor General as well as counsel for the complainant have also argued that during the investigation from the case the petitioner Bhoora led to the recovery of the motorcycle.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It's also a nicely-recognized proposition of regulation 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 a fact or evidence while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter to the procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings around the evidence.
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal to your deceased was caused with the petitioner but in support of opinion of your Investigating Officer no iota of evidence is available about the file and mere ipsi dixit of police is just not binding on the Court.
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Now it is properly-settled that considerations for pre-arrest and post-arrest bail are completely different, therefore, in our view the realized Judge had fallen in error to cancel the bail allowed to petitioner from the same Additional Sessions Judge.”
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S. Supreme Court. Generally speaking, proper case citation features the names of the parties to the original case, the court in which the case was read, the date it was decided, and also the book in which it's recorded. Different citation requirements may include italicized or underlined text, and certain specific abbreviations.
Electronic and paper court records retained for the court site may be viewed for the courthouse for free, however there is a cost of 10 cents for each page to print from a public access terminal.
In federal or multi-jurisdictional regulation systems there might exist conflicts between the different lower appellate courts. Sometimes these differences might not be resolved, and it may be necessary to distinguish how the regulation is applied in one district, province, division or appellate department.
When the petitioner is just present at the place of prevalence without causing any injury on the deceased or PWs then in these kinds of circumstances, whether he is vicariously liable shall be decided from the discovered trial Court after recording of the evidence.
Alternative Punishment: In some cases, the court may perhaps have the discretion to award life imprisonment being an alternative to your death penalty. Life imprisonment involves the offender spending the remainder of their life behind bars without the possibility of parole or early release.
one. Judicial Independence: The court emphasised the importance of judicial independence and also the separation of powers.
A decreased court may well not rule against a binding precedent, although it feels that it is actually unjust; it might only express the hope that a higher court or the legislature will reform the rule in question. In the event the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the law evolve, it could both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material read more difference between the facts in the cases; some jurisdictions allow for the judge to recommend that an appeal be performed.
Pakistan’s legal system is just not without flaws: overhauling is overdue plus the legislation regarding murder necessitates serious reconsideration and clarification. For the time being, the least that can be carried out is to verify that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.