Detailed Notes on case laws on partnership act
Detailed Notes on case laws on partnership act
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However, the above observation is without prejudice into the legal rights with the parties, arising out from the over marriage of the few, if any, pending before the competent court of legislation. Read more
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14. Within the light of your position explained above, it really is concluded that a civil servant contains a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration of service or during 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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thirteen. The Supreme Court has held that when the act of misconduct is set up and also the employee is found guilty after due process of regulation, it is the prerogative of the employer to decide the quantum of punishment, outside of the different penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness of the act of misconduct is not enough although the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful manner. Read more
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves 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
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However it really is made obvious that police is free to get action against any person that's indulged in criminal activities matter to law. However no harassment shall be caused on the petitioner, if she acts within the bonds of regulation. Police shall also ensure regard of the family drop in accordance with legislation and should they have reasonable ground to prevent the congnizable offence they could act, as far as raiding the house is concerned the police shall secure concrete evidence and obtain necessary permission from the concerned high police official/Magistrate being a issue of security with the house is concerned, which is not public place under the Act 1977. 9. Thinking about the aforementioned details, the objective of filing this petition has actually been achieved. As a result, this petition is hereby disposed of while in the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
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This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at from the disciplinary authority is based on no evidence. In case the conclusion or finding is for instance no reasonable person would have ever achieved, the Court may interfere with the summary or maybe the finding and mold the relief to really make it correct into the facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of here punishment. Within the aforesaid proposition, we have been fortified because of the decision from the Supreme Court inside 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-twenty five Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is perfectly-settled that the civil servants must first go after internal appeals within ninety times. If your appeal is not really decided within that timeframe, he/she can then method the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety times for the department to act has already expired. Around the aforesaid proposition, we've been guided via the decision of the Supreme Court from the case of Dr.
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seventeen . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI 46 I have heard the acquired counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of your matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 handy over possession on the subjected premises towards the petitioner; that Illegal Dispossession Case needs to become decided via the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer from the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this part for interim custody of the topic premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
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