5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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seventy seven . 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 on the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
In accordance with the EPA price schedule, the request should be limited in scope, and not be meant for redistribution on the internet or for commercial purposes.
Therefore, this petition is found to generally be not maintainable and is particularly dismissed along with the pending application(s), and the petitioners may seek remedies through the civil court process as discussed supra. Read more
Deterrence: The panic of severe penalties, together with capital punishment, is meant to prevent prospective criminals from committing murder. This deterrent effect is crucial in reducing the incidence of intentional killings.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is predicted that the persons getting their character higher than board, free from any moral stigma, are for being inducted. Verification of character and antecedents is really a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed into a Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to perform absent with the candidature from the petitioner. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to the main case, It is additionally a properly-proven proposition of legislation 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, apply to disciplinary proceedings. When the authority read more accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is topic on the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to reach at its independent findings around the evidence.
be set up without an iota of doubt in all other jurisdictions) will be inferred. This can be a horrifying reality, a very very low threshold for an offence that carries capital punishment.
This guide provides useful insights into free online resources offering access to Pakistani case legislation, helping you navigate the complexities of legal research.
Online access to the case management system for your Court of Appeals of Virginia. Cases could possibly be searched using name or case number.
If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request on the appellate court.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and stability. It demonstrates the commitment with the state to protect its citizens and copyright the rule of regulation.
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved unless case is attempted(Bail Matters)
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are totally different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held from the august Supreme Court of Pakistan as under:--