The Definitive Guide to contract act pakistan case law
The Definitive Guide to contract act pakistan case law
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Article 199 of the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It's well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The focus is over the intention to cause injury. This is really a major difficulty: a particularly reduced threshold for an offence carrying the death penalty.
Intentional Murder: The crucial element aspect of Section 302 PPC could be the need of intention. It implies that the offender must have the intention to cause the death of your target. Intent may be premeditated or is usually formed in the meanwhile of the crime.
The former means “guilty act” and also the latter means “guilty mind.” With the omission on the intention, the commission with the act by itself is not really adequate to gain a conviction for that crime. This can be a fundamental principle that all legislation students are well acquainted with.
very long period petitioner wasn't thought of for promotion, meeting of your departmental promotion committee and take into account the petitioner (Promotion)
Article 27 of your Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment too. The disparity inside the shell out scale allowances of Stenographers from the District Judiciary is inside the obvious negation of your legislation laid down by the Supreme Court in its several pronouncements. Read more
73 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Concerning the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition might be dismissed. This is because service with the grievance notice is often a mandatory need in addition to a precondition for filing a grievance petition. The legislation calls for that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. Should the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
The court cannot listen to the transfer order challenge as 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 among the list of respondents has retired from service as pointed out via the counsel to the respondent university. 12. The petition and applications pending therein stand dismissed with no order regarding costs. 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
When the petitioner is just present in the place of prevalence without causing any injury to your deceased or PWs then in these types of circumstances, whether he is vicariously liable shall be decided through the discovered trial Court after recording of the evidence.
Alternative Punishment: In some cases, the court could have the discretion to award life imprisonment being an alternative to the death penalty. Life imprisonment entails the offender spending the rest of their life at the rear of bars without the possibility of parole or early release.
one. Judicial Independence: The court emphasised the importance of judicial independence along with the separation of powers.
Section 489-F of the Pakistan Penal Code pertains to offenses involving copyright currency notes and cash. Its primary get more info objective will be to suppress counterfeiting activities and maintain the sanctity on the national currency.
It's also important to note that granting of seniority into a civil servant without the actual duration of service pretty much violates the entire service construction being a civil servant inducted in Quality seventeen by claiming these types of benefit without any experience be directly posted in any higher quality, which is neither the intention with the legislation nor with the equity. Read more