5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
Blog Article
In addition for the primary punishment, the court may also impose a fine over the offender. The fine’s amount is within the discretion in the court and is meant to function an additional deterrent.
14. From the light with the position explained over, it is concluded that a civil servant incorporates a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration of service or 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(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
limitation of liability on the extent of the cap provided by the registered mortgage deed(Banking Law)
Deterrence: The anxiety of severe implications, which includes capital punishment, is meant to prevent opportunity criminals from committing murder. This deterrent effect is very important in reducing the incidence of intentional killings.
The court system is then tasked with interpreting the legislation when it is unclear the way it relates to any offered situation, normally rendering judgments based within the intent of lawmakers as well as circumstances with the case at hand. These decisions become a guide for future similar cases.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 towards the main case, Additionally it is a very well-established proposition of law 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence 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 in the charge, however, that is topic on the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings over the evidence.
ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is effectively-settled that while thinking of the case of regular promotion of civil servants, the competent authority has got to think about the advantage of every one of the eligible candidates and after due deliberations, to grant promotion to this sort of suitable candidates who're found to be most meritorious amongst them. Since the petitioner was held for being senior to his colleagues who were promoted in click here BS-19, the petitioner was overlooked by the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy about the part from the respondent department.
Some pluralist systems, including Scots regulation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, tend not to exactly fit into the dual common-civil law system classifications. These types of systems might have been intensely influenced by the Anglo-American common regulation tradition; however, their substantive legislation is firmly rooted in the civil legislation tradition.
The regulation as set up in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
The law of necessity recognized 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 regulation of necessity..
Apart from the rules of procedure for precedent, the burden provided to any reported judgment may count on the reputation of both the reporter along with the judges.[7]
To invoke section three hundred and 302 just because death has occurred is the most significant tragedy of all. It does the exact opposite of what a legal system is there to accomplish, i.e. safe its citizens.
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It might be used to guide the court, but is not binding precedent.
While the death penalty is irreversible, life imprisonment allows for the possibility of reconsideration or commutation on the sentence in certain circumstances.