Detailed Notes on case laws on partnership act

Detailed Notes on case laws on partnership act

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Article 199 of your Constitution allows High Court intervention only when "no other ample remedy is provided by legislation." It is effectively-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have heard the learned counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues with the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(1) from the Illegal Dispossession Act 2005 handy over possession with the subjected premises into the petitioner; that Illegal Dispossession Case needs to become decided because of the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer inside the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this facet for interim custody of the subject premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.

The a lot of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it is made distinct that police is free to choose action against any person who is indulged in criminal activities subject to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-field duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp

The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion involves a move to some higher position with increased responsibilities and rank. Upgradation, about the other hand, gives financial relief by inserting an employee inside of a higher pay scale, without altering their work duties or position. It's a mechanism designed to address the stagnation of employees who have remained inside the same fork out scale for a protracted time, particularly when they deficiency alternatives for promotion. Upgradation is really a policy Instrument used to relieve the hardship of extended-term stagnation. Read more

Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it needs legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more

From the United States, courts exist on both the federal and state levels. The United States Supreme Court may be the highest court within the United States. Decreased courts within the federal level consist of the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, as well as U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts hear cases involving matters related into the United States Constitution, other federal laws and regulations, and certain matters that entail parties from different states or countries and large sums of money in dispute. Each state has its possess judicial system that includes trial and appellate courts. The highest court in Each individual state is usually referred to given that the “supreme” court, Even though there are a few exceptions to this rule, for example, the New York Court of Appeals or even the Maryland Court of Appeals. State courts generally listen to cases involving state constitutional matters, state regulation and regulations, Though state courts may generally hear cases involving federal laws.

eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is often a free and democratic country, and once a person becomes a major they can marry whosoever he/she likes; When the parents of your boy or Woman never approve of these kinds of inter-caste or interreligious marriage the maximum they could do if they can Minimize off social relations with the son or the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who is major undergoes inter-caste or inter-religious marriage with a woman or male who's a major, the pair is neither harassed by any individual nor subjected to threats or acts of violence and anybody who provides such threats or harasses or commits acts of violence either himself or at his instigation, is taken to process by instituting criminal proceedings via the police against this kind of persons and further stern action is taken against these types of person(s) as provided by law.

, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling around the same kind of case.

This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding achieved by the disciplinary authority is based on no evidence. If the summary or finding is which include no reasonable person would have ever arrived at, the Court may interfere with the conclusion or the finding and mildew the relief to really make it ideal into the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or maybe the nature of punishment. Around the aforesaid proposition, we have been fortified because of the decision of your 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 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance from the respondents that pensionary benefits may be withheld on account of the allegations leveled against the petitioner, inside our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension can be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension may be withheld website or reduced. In a few cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions established from the government.

If granted absolute immunity, the parties would not only be protected from liability during the matter, but could not be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request for the appellate court.

In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.

The figured out Tribunal shall decide the case on merits, without being influenced through the findings in the Impugned order, after recording of evidence with the respective parties. Read more