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

Blog Article

refers to the landmark case decided with the Supreme Court of Pakistan in 2012. Right here’s a brief overview:

ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It is usually a very well-established proposition of regulation 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 achieve 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 inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is topic to your procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings about the evidence.

This Court may interfere where the authority held the proceedings against the delinquent officer in a very method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding arrived at with the disciplinary authority is based on no evidence. When the summary or finding is including no reasonable person would have ever reached, the Court may possibly interfere with the summary or even the finding and mould the relief to really make it ideal for the facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. About the aforesaid proposition, we have been fortified through the decision from the Supreme Court within 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

The former means “guilty act” as well as latter means “guilty mind.” With the omission with the intention, the commission on the act alone isn't check here adequate to gain a conviction for that crime. This is often a primary principle that all legislation students are well acquainted with.

Preceding 4 tax years interpreted. It's not necessarily from the date of finalisation of audit but from the tax year involved. Read more

Section 302 of the PPC deals with among the list of most serious offenses in criminal regulation: murder. In this web site post, we will delve into the provisions of Section 302, take a look at the punishment it entails, and review some notable case laws related to this particular section.

 Petitioner possessing been declared an absconder in this case for over a single along with a half year generates the apprehension that the petitioner may perhaps avoid standing trial and that's why delay the prosecution on the case. The material on record makes the case from the petitioner falls under two exceptions to the rule of grant of bail as mentioned higher than.

The Court viewed as the case to be maintainable under Article 184 (3) Because the Hazard and encroachment alleged were for example to violate the constitutional right to life when interpreted expansively.

This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. 9. In view of the above mentioned facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more

Knowledge from the accused is often a matter to generally be inferred from the circumstances, for it being a state of mind, is very hard for being proved otherwise.”

The DCFS social worker in charge of your boy’s case had the boy made a ward of DCFS, As well as in her six-thirty day period report to the court, the worker elaborated within 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.

, 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 over the same form of case.

A coalition of residents sent a letter of petition to the Supreme Court to challenge the Water and Power Progress Authority’s (WAPDA) construction of the electricity grid station in their neighborhood, on designated “green belt” property. The Court listened to the matter for a human rights case, as Article 184 (3) from the Pakistan Constitution offers authentic jurisdiction to the Supreme Court to just take up and determine any matter concerning the enforcement of fundamental rights of public importance.

competent authority has determined the eligibility of the private respondents and found them being match for promotion. CP dismissed(Promotion)