A Secret Weapon For leading case laws of tax practices sec 122 5 a
A Secret Weapon For leading case laws of tax practices sec 122 5 a
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77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 with the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, it is also a effectively-founded proposition of law 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, apply 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 your charge, however, that is subject matter to your procedure provided under the relevant rules instead of otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings within the evidence.
Google Scholar – an enormous database of state and federal case law, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
Normally, the burden rests with litigants to appeal rulings (such as those in crystal clear violation of proven case law) to your higher courts. If a judge acts against precedent, as well as the case is not appealed, the decision will stand.
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is definitely the principle by which judges are bound to these past decisions, drawing on set up judicial authority to formulate their positions.
four. It goes without declaring that observations made hereinabove are just tentative in nature and strictly confined for the disposal of instantaneous bail petition.
only about the ground of miscases remanded & only on the ground of misreading of evidence only on the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
The court cannot hear the transfer order challenge mainly because 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 on the list of respondents has retired from service as pointed out via the counsel for that respondent university. 12. The petition and applications pending therein stand dismissed with no order regarding costs. Read more
Online access to your case management system for that Court of Appeals of Virginia. Cases can be searched using name or case number.
I) The above mentioned referred case FIR, for your murder of deceased namely Muhammad Sajjad, was registered over the complaint of Muhammad Sharif son of Ghulam Farid who's father of your petitioner and as per Tale of FIR, the petitioner is surely an eyewkness of your incidence.
Apart from the rules of procedure for precedent, the weight presented to any reported judgment might depend on the reputation of both the reporter as well as judges.[7]
She did note that the boy still needed in depth therapy in order to cope with his abusive past, and “to reach the point of being Safe and sound with other children.” The boy was receiving counseling with a DCFS therapist. Again, the court approved on the actions.
A lessen court may well not rule against a binding precedent, even if it feels that it really is unjust; it may well only express the hope that a higher court or the legislature will reform the rule in question. When the court believes that developments or trends in legal reasoning render the precedent unhelpful, and website wishes to evade it and help the legislation evolve, it may well either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts on the cases; some jurisdictions allow for the judge to recommend that an appeal be performed.
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are proven by executive businesses based on statutes.