taxation legislations and case laws of australia Secrets
taxation legislations and case laws of australia Secrets
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Google Scholar – an unlimited database of state and federal case legislation, 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.
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14. While in the light of your position explained above, it really is concluded that a civil servant provides a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his individual and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It could be used to guide the court, but is not really binding precedent.
This is because transfer orders are typically regarded within the administrative discretion of the employer. However, there could possibly be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the suitable forum. Read more
To the foregoing reasons the moment suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring about exoneration from departmental charges based on the same factual grounds. Though a writ under Article 199 is out there in specific limited situations, it is actually generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-examine witnesses and present his/her defense but didn't encourage the department of his/her innocence.
Several 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 placing the Petitioner's name within the ECL based on the criminal case are inconsistent with proven legal principles. Therefore, this petition must be allowed Read more
ten. Without touching the merits of your case on the issue of yearly increases from the pensionary emoluments in the petitioner, in terms of policy decision in the provincial government, such annual increase, if permissible inside the case of employees of KMC, necessitates further assessment being made via the court of plenary jurisdiction. KMC's reluctance on account of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at through the disciplinary authority is based on no evidence. In case the summary or finding is for instance no reasonable person would have ever achieved, the Court might interfere with the conclusion or even the finding and mildew the relief to make it acceptable towards 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-enjoy the evidence or even the nature of punishment. On the aforesaid proposition, we are fortified from the decision of the Supreme Court during 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-twenty five Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is perfectly-settled that the civil servants must first pursue internal appeals within 90 days. In case the appeal will not be decided within that timeframe, he/she can then method the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 times for that department to act has already expired. Within the aforesaid proposition, we are guided through the decision with the Supreme Court within the case of Dr.
These lists are sorted chronologically by Chief Justice and consist of all notable cases decided with the court. Articles exist for almost all cases.
Where there click here are several members of a court deciding a case, there could be one or more judgments given (or reported). Only the reason with the decision in the majority can represent a binding precedent, but all may very well be cited as persuasive, or their reasoning can be adopted in an argument.
Criminal cases While in the common law tradition, courts decide the legislation applicable into a case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Not like most civil legislation systems, common legislation systems Adhere to the doctrine of stare decisis, by which most courts are bound by their individual previous decisions in similar cases. According to stare decisis, all reduce courts should make decisions regular with the previous decisions of higher courts.