5 Simple Techniques For case law on gift in cash

5 Simple Techniques For case law on gift in cash

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While the punishment may very well be severe, its purpose is not really solely to hunt vengeance but to prevent likely offenders and copyright the principles of justice and social order.

V)      During investigation, the Investigating Officer concluded that fireplace-arm injury which was fatal to the deceased was caused with the petitioner but in support of opinion of your Investigating Officer no iota of evidence is out there within the file and mere ipsi dixit of police just isn't binding to the Court.

Some bodies are supplied statutory powers to issue steering with persuasive authority or similar statutory effect, such as the Highway Code.

Because of their position between The 2 main systems of regulation, these types of legal systems are sometimes referred to as blended systems of legislation.

This Court might interfere where the authority held the proceedings against the delinquent officer inside a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding attained via the disciplinary authority is based on no evidence. If the conclusion or finding is like no reasonable person would have ever reached, the Court could interfere with the conclusion or even the finding and mold the relief to really make it appropriate to the facts of each case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or even the nature of punishment. On the aforesaid proposition, we've been fortified by the decision from the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

Where there are several members of a court deciding a case, there may very well be a single or more judgments provided (or reported). Only the reason with the decision in the majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning can be adopted in an argument.

The Court deemed the case to get maintainable under Article 184 (3) since the Threat and encroachment alleged were like to violate the constitutional right to life when interpreted expansively.

The prosecution presented substantial evidence, together with eyewitness testimonies and expert forensic analysis, confirming the copyright nature on the seized currency.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Given the legal analysis on the subject issue, we have been from the view that the claim from the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is just not legally seem, Apart from promotion and seniority, not absolute rights, they are subject to rules and regulations When the recruitment rules of the subject post permit the case on the petitioners for promotion could be deemed, however, we've been 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 Conditioning, matter to availability of vacancy issue for the approval more info with the competent authority.

 Criminal cases Within the common legislation tradition, courts decide the regulation applicable to the case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Contrary to most civil law systems, common legislation systems Stick to the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions steady with the previous decisions of higher courts.

The case of *R v. Ahmed* exemplifies the sensible application of this amendment and its opportunity to safe financial interests and maintain the integrity from the national currency. As legal practitioners and citizens, an extensive grasp of such changes is vital for upholding the principles of justice and contributing to a robust legal system.

share or interest of the co-owner in immovable property may also sold to another co-owner/co-sharer or perhaps to an stranger and section 44(Transfer of Property Act 1882)

14. While in the light of the position explained above, it is actually concluded that a civil servant provides a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Read more