taxation legislations and case laws of australia Secrets
taxation legislations and case laws of australia Secrets
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The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The plenty of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. Read more
14. Within the light from the position explained over, it can be 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 deemed for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size 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-25 Approved for Reporting WhatsApp
The a lot of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. However it truly is made distinct that police is free to just take action against any person who is indulged in criminal activities matter to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-subject duties while in the interim period. Read more
This Court may possibly interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained with the disciplinary authority is based on no evidence. When the summary or finding is like no reasonable person would have ever arrived at, the Court might interfere with the summary or even the finding and mildew the relief to really make it acceptable into the facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. On the aforesaid proposition, we've been fortified via the decision of the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it calls for legal transfer of title. Agreement to sell must be developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year old boy from his home to protect him from the Terrible physical and sexual abuse he had endured in his home, also to prevent him from abusing other children within the home. The boy was placed within an crisis foster home, and was later shifted about within the foster care system.
Various judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name within the ECL based to the criminal case are inconsistent with recognized legal principles. Therefore, this petition must be allowed Read more
The DCFS social worker in charge on the boy’s case had the boy made a ward of DCFS, and in her six-month report into the court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
139 . 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 Pertaining to the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition is usually dismissed. This is because service of your grievance notice can be a mandatory requirement and a precondition for filing a grievance petition. The law demands that a grievance notice read more be served over the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. Should the employer fails to reply 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.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The law enjoins the police to get scrupulously fair to your offender as well as the Magistracy is to be sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the subject of adverse comments from this Court as well as from other courts Nevertheless they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a lot of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.
The different roles of case regulation in civil and common regulation traditions create differences in how that courts render decisions. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the wider legal principles.
eight. To the reasons stated over, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is Consequently acceded to. All pending applications, if any, will also be dismissed. Read more
Matter:-SERVICE Hon'ble Mr. 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 into the main case, it is also a nicely-proven proposition of legislation 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject to the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings around the evidence.