A Secret Weapon For difference between executive and non executive directors case laws
A Secret Weapon For difference between executive and non executive directors case laws
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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 of your law laid down through the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority on the parent department on the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and pay the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority of the respondent is also directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
These lists are sorted chronologically by Chief Justice and involve all notable cases decided via the court. Articles exist for almost all cases.
While there isn't any prohibition against referring to case law from a state other than the state in which the case is being read, it holds minor sway. Still, if there is not any precedent in the home state, relevant case legislation from another state may be regarded as because of the court.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the topic issue, we've been with the view that the claim on the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is not really legally seem, besides promotion and seniority, not absolute rights, They're topic to rules and regulations When the recruitment rules of the subject post permit the case of the petitioners for promotion may very well be deemed, however, we have been very clear inside our point of view that contractual service cannot be thought of for seniority and promotion as being the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health, topic to availability of vacancy subject matter for the approval on the competent authority.
The different roles of case regulation in civil and common legislation traditions create differences read more in the best way that courts render decisions. Common law courts generally explain in detail the legal rationale driving their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the wider legal principles.
Where there are several members of the court deciding a case, there might be a person or more judgments supplied (or reported). Only the reason for the decision of your majority can constitute a binding precedent, but all may very well be cited as persuasive, or their reasoning could be adopted within an argument.
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
The law as recognized in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
When the petitioner is simply present at the place of prevalence without causing any injury into the deceased or PWs then in this sort of circumstances, whether he is vicariously liable shall be decided via the figured out trial Court after recording on the evidence.
Finally, a significant contribution of this case which was accepted for consideration by the Court under Article 184 (three), has long been setting a precedent which allows for much simpler access towards the public to approach the superior courts and the subordinate courts on environment related issues.
Article 199 with the Constitution allows High Court intervention only when "no other enough remedy is provided by regulation." It can be very well-settled that an aggrieved person must exhaust out there 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
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a healthy environment. This decision is particularly significant as there aren't any specific provisions during the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it is actually important that the case proven the application from the precautionary principle where there is usually a risk to environmental rights, and emphasised the positive obligations of the State in protecting the right to a clean and healthy environment.
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are proven by executive agencies based on statutes.