misrepresentation case law Can Be Fun For Anyone
misrepresentation case law Can Be Fun For Anyone
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However, in an effort to strike a balance between the rights of citizens along with the plans that are executed through the authorities to the welfare, financial progress and prosperity with the nation, the Court did not produce a definitive ruling to the pending construction of the grid station, but, with the consent of both parties, ordered a review and report of grid project from the National Engineering Services of Pakistan (NESPAK) to propose alterations and location alternatives.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your law laid down via the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority of your parent department of the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and shell out the pension amount and other ancillary benefits to your petitioner to which He's entitled under the regulation within two months from the date of receipt of this order. The competent authority of your respondent is additionally directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
This Court could interfere where the authority held the proceedings against the delinquent officer inside of a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion 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 perhaps interfere with the conclusion or perhaps the finding and mildew the relief to make it ideal to your facts of each and every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we are fortified because of the decision in the Supreme Court while in 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Information on accessing opinions and case-related documents for the Supreme Court on the United States is offered around the court’s website.
It's now very well-settled that considerations for pre-arrest and post-arrest bail are entirely different, therefore, within our view the discovered Judge experienced fallen in error to cancel the bail allowed to petitioner by the same Additional Sessions Judge.”
The ICAP Staff Service Rules, 2011 were framed because of the respondent/Institute, these rules may not have the operates within a transparent legal and regulatory framework with the respondent/Institute. 14. In view of what has become discussed earlier mentioned, without touching the merits on the case, the preliminary objection regarding the maintainability in the petition is sustained along with the petition is held to become not maintainable in terms of Article 199 from the Constitution for the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of your judgment passed from the Supreme Court within the case of Pakistan Electric Power Company supra. Read more
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for your loss of the life. It allows the legal system to impose a proportional punishment over the offender, guaranteeing They can be held accountable for their actions.
The court cannot listen to the transfer order challenge because it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders holding in view that one of many respondents has retired from service as pointed out by the counsel for that respondent university. 12. The petition and applications pending therein stand dismissed with no order regarding costs. Read more
In federal or multi-jurisdictional law systems there may exist conflicts between the different reduced appellate courts. Sometimes these differences might not be resolved, and it could be necessary to distinguish how the law is applied in one district, province, division or appellate department.
two. I have heard the figured out counsel with the parties along with acquired DPG at length, perused the record and observed that:-
Apart from the rules of procedure for precedent, the load provided to any reported judgment may well count on the reputation of both the reporter as well as judges.[seven]
[three] For example, in England, the High Court and the Court of Appeals are Just about every bound by their very own previous decisions, however, since the Practice Statement 1966 the Supreme Court with the United Kingdom can deviate from its earlier decisions, read more Whilst in practice it not often does. A notable example of when the court has overturned its precedent could be the case of R v Jogee, where the Supreme Court with the United Kingdom ruled that it and the other courts of England and Wales had misapplied the legislation for approximately thirty years.
13309-B of 2010 to become weak types of evidence and also the evidentiary value whereof would be seen in the time in the trial. The investigation of this case has already been finalized and, Hence, confirmed custody on the petitioner in jail is not likely to serve any advantageous purpose at this stage.”
competent authority has determined the eligibility with the private respondents and found them to generally be match for promotion. CP dismissed(Promotion)