misrepresentation case law Can Be Fun For Anyone
misrepresentation case law Can Be Fun For Anyone
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The Cornell Law School website offers a range of information on legal topics, like citation of case legislation, and even delivers a video tutorial on case citation.
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 regulation laid down because of the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority from the parent department from the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and spend the pension amount and other ancillary benefits to the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority of the respondent is usually directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
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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:Specified the legal analysis on the topic issue, we are of the view that the claim on the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is just not legally audio, Other than promotion and seniority, not absolute rights, They may be issue to rules and regulations In the event the recruitment rules of the topic post allow the case with the petitioners for promotion can be considered, however, we've been very clear within our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Physical fitness, matter to availability of vacancy issue to the approval on the competent authority.
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—may be the principle by which judges are bound to this sort of past decisions, drawing on founded judicial authority to formulate their positions.
Matter:-SERVICE Hon'ble Mr. more info 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 for the main case, It is additionally 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 reach a finding of fact or summary. 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, apply 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 subject for 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 around the evidence.
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 the decision plus the statutes.[4]
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nine. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
VI) The petitioner is at the rear of the bars since arrest, investigation with the case is complete, he is not any more expected with the purpose of investigation and at this stage to maintain him driving the bars before summary of trial will serve no valuable purpose.
How much sway case legislation holds may perhaps vary by jurisdiction, and by the exact circumstances in the current case. To take a look at this concept, think about the following case legislation definition.
The case of *R v. Ahmed* exemplifies the sensible application of this amendment and its possible to protected economic interests and maintain the integrity of the national currency. As legal practitioners and citizens, an extensive grasp of those changes is vital for upholding the principles of justice and contributing to a robust legal system.
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This section specifically relates to civil servants who are rendered surplus due to reorganization or abolition of the division, department, or office. Non-civil servants, by definition, are not topic on the provisions of your Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the utilizing organization. Therefore, the provisions of Section eleven-A, such as the possibility of being posted to another department, would not utilize to non-civil servants. Read more