The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
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In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the legislation laid down through the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority on the parent department of the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority of the respondent can also be directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Life imprisonment is definitely an alternative on the death penalty. In such cases, the convicted person is sentenced to spend the remainder of their natural life powering bars.
Although there isn't any prohibition against referring to case law from a state other than the state in which the case is being heard, it holds small sway. Still, if there isn't any precedent within the home state, relevant case legislation from another state could possibly be viewed as from the court.
The court system is then tasked with interpreting the legislation when it can be unclear how it applies to any offered situation, generally rendering judgments based within the intent of lawmakers and the circumstances of your case at hand. These decisions become a guide for upcoming similar cases.
The ICAP Staff Service Rules, 2011 were framed by the respondent/Institute, these rules might not have the operates within a clear legal and regulatory framework with the respondent/Institute. fourteen. In view of what has been discussed earlier mentioned, without touching the merits with the case, the preliminary objection regarding the maintainability in the petition is sustained plus the petition is held to become not maintainable in terms of Article 199 of your Constitution for that reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio on the judgment passed because of the Supreme Court during the case of Pakistan Electric Power Company supra. Read more
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice with the loss of a life. It allows the legal system to impose a proportional punishment about the offender, making sure They're held accountable for their actions.
The appellant should have remained vigilant and raised his challenge to the Judgment within time. Read more
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor diploma(s) in the topic of cooperative societies. Read more
acquitted the appellants from every one of the charges therefore the same is dismissed being infructuous. (Criminal Revision )
The DCFS social worker in charge from the boy’s case had the boy made a ward of DCFS, and in her 6-month report on the court, the worker elaborated to 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.
Regardless of its popularity, not many might be aware of its intricacies. This article can be an attempt to highlight the flaws of this section as well as very small threshold that governs it.
In order to preserve a uniform enforcement in the laws, the legal system adheres towards the doctrine of stare decisis
P.C. for grant of post arrest bail should here also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held with the august Supreme Court of Pakistan as under:--