What Does case law property sale on special power of attorney Mean?

What Does case law property sale on special power of attorney Mean?

Blog Article

We make no warranties or guarantees about the precision, completeness, or adequacy of your information contained on this site, or even the information linked to on the state site. Some case metadata and case summaries were written with the help of AI, which can make inaccuracies. You should read the full case before counting on it for legal research purposes.

The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The lots of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Read more

14. Within the light of your position explained higher than, it is actually concluded that a civil servant incorporates a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the size of service or while in 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 necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination in the current case are called obiter dicta, which constitute persuasive authority but are not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]

This Court might interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached through the disciplinary authority is based on no evidence. If your summary or finding is which include no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or perhaps the finding and mold the relief to really make it correct into the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or the nature of punishment. Over the aforesaid proposition, we are fortified from the decision of the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Permit the decision stand"—is the principle by which judges are bound to this sort of past decisions, drawing on recognized judicial authority to formulate their positions.

116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of the Peace u/s 22-A is just not obliged to afford a possibility of hearing towards the accused party; nor obliged to automatically or mechanically issue directions for registration of FIR; but is necessary to think about all relevant factors, with care and caution; to avoid equipment of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a number of the relevant factors. Read more

In the event you find an error within the articles of a published opinion (such as a misspelled name or possibly a grammatical error), please notify the Reporter of Decisions. TVW

, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same style of case.

This Court may possibly interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved via the disciplinary authority is based on no evidence. In the event the summary or finding is for instance no reasonable person would have ever achieved, the Court may perhaps interfere with the conclusion or the finding and mildew the relief to make it suitable on the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or maybe the nature of punishment. Around the aforesaid proposition, we're fortified from the decision in the Supreme Court while in 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

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 in the regulation laid down via the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of the parent department on the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and shell out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority with the respondent is likewise directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

The appellate court determined that the trial court had not erred in its decision to allow more time for information for being gathered read more via the parties – specifically regarding the issue of absolute immunity.

17 . Const. P. 5/2024 (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 read the acquired counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section 7(one) of the Illegal Dispossession Act 2005 to hand over possession with the subjected premises for the petitioner; that Illegal Dispossession Case needs to generally be decided via the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer while in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this element for interim custody of the subject premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more

Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), along with the petitioners may possibly request remedies through the civil court process as discussed supra. Read more