About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
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Article 199 in the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It is actually well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The focus is around the intention to cause injury. This is often a major trouble: an extremely minimal threshold for an offence carrying the death penalty.
four. It has been noticed by this Court that there is usually a delay of sooner or later in the registration of FIR which has not been explained by the complainant. Moreover, there isn't any eye-witness of the alleged prevalence as well as the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners continues to be tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram occurred to generally be the real brothers on the deceased but they did not respond in the least to your confessional statements in the petitioners and calmly saw them leaving, a person 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is not any explanation concerning why her arrest wasn't effected after making in the alleged extra judicial confession. It has been held on countless instances that extra judicial confession of an accused is often a weak sort of evidence which can be manoeuvred from the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is also counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word regarding existence of some light in the place, where they allegedly noticed the petitioners alongside one another on a motorcycle at 4.
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The court system is then tasked with interpreting the regulation when it's unclear how it relates to any specified situation, frequently rendering judgments based to the intent of lawmakers plus the circumstances of the case at hand. These decisions become a guide for long term similar cases.
For that foregoing reasons the instant suit is dismissed with no order concerning cost. Office to prepare decree in the above mentioned terms. Read more
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں here کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
forty eight . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice with the Peace u/s 22-A is not really obliged to afford a possibility of hearing into the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is required to think about all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are several of the relevant factors. Read more
13. The Supreme Court has held that when the act of misconduct is established plus the employee is found guilty after due process of legislation, it's the prerogative from the employer to decide the quantum of punishment, out of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness from the act of misconduct is just not suitable although the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful fashion. Read more
I) The above referred case FIR, to the murder of deceased namely Muhammad Sajjad, was registered on the complaint of Muhammad Sharif son of Ghulam Farid that is father of your petitioner and as per Tale of FIR, the petitioner can be an eyewkness from the event.
Apart from the rules of procedure for precedent, the burden provided to any reported judgment may well count on the reputation of both the reporter and the judges.[seven]
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104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is nicely established now that the provision for proforma promotion just isn't alien or unfamiliar towards the civil servant service structure but it's already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority might if satisfied that a civil servant who was entitled to be promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service to the Federation/ province within the higher post, direct that such civil servant shall be paid the arrears of spend and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
While in the United States, individuals are not needed to hire an attorney to represent them in both civil or criminal matters. Laypeople navigating the legal system on their possess can remember 1 rule of thumb when it concerns referring to case regulation or precedent in court documents: be as specific as you possibly can, leading the court, not only into the case, but to the section and paragraph containing the pertinent information.