Top Guidelines Of contempt of court case law
Top Guidelines Of contempt of court case law
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Article 199 of the Constitution allows High Court intervention only when "no other ample remedy is provided by law." It is perfectly-settled that an aggrieved person must exhaust readily available 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
fourteen. From the light of the position explained over, it can be concluded that a civil servant features a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered 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 duration of service or inside 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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13. The Supreme Court has held that when the act of misconduct is established and also the employee is found guilty after owing process of legislation, it is the prerogative from the employer to decide the quantum of punishment, out of the varied penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness of the act of misconduct is not enough even so the order must show that the competent authority has applied its mind and exercised the discretion inside 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 requires legal transfer of title. Agreement to sell must be produced 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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Quite a few judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name around the ECL based on the criminal case are inconsistent with recognized legal principles. Therefore, this petition must be allowed Read more
Some bodies are provided statutory powers to issue guidance with persuasive authority or similar statutory effect, like the Highway Code.
Article 199 in the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It's properly-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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 on the legislation laid down from the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority of your parent department on the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and spend the pension amount and other ancillary benefits for the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority with the respondent can also be directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to more info date. Read more
A year later, Frank and Adel have a similar challenge. When they sue their landlord, the court must utilize the previous court’s decision in applying the regulation. This example of case legislation refers to 2 cases read while in the state court, with the same level.
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 legislation previously rendered on similar cases.
Therefore, this petition is found to be not maintainable which is dismissed along with the pending application(s), as well as the petitioners might request remedies through the civil court process as discussed supra. Read more