5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon from the prosecution against the petitioner and his earlier mentioned mentioned co-accused namely Hussain Bakhsh has already been opined through the Lahore High Court, Lahore in its order dated 2-twelve-2010 passed in Criminal Miscellaneous No.
V) During investigation, the Investigating Officer concluded that hearth-arm injury which was fatal towards the deceased was caused because of the petitioner but in support of opinion on the Investigating Officer no iota of evidence is available to the file and mere ipsi dixit of police is not binding to the Court.
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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're of your view that the claim of the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not really legally sound, besides promotion and seniority, not absolute rights, These are subject to rules and regulations if the recruitment rules of the topic post permit the case of your petitioners for promotion could possibly be regarded, however, we've been very clear in our point of view that contractual service cannot be thought of for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Exercise, issue to availability of vacancy matter towards the approval of the competent authority.
82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 on the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
be set up without an iota of doubt in all other jurisdictions) will be inferred. This is really a horrifying reality, an especially minimal threshold for an offence that carries capital punishment.
A year later, Frank and Adel have a similar trouble. When they sue their landlord, the court must utilize the previous court’s decision in applying the legislation. This example of case regulation refers to two cases listened to in the state court, with the same level.
Online access to the case management system with the Court of Appeals of Virginia. Cases may very well be searched using name or case number.
If granted absolute immunity, the parties would not only be protected from liability inside the matter, but could not be answerable in any way for their actions. When the court delayed making this kind of ruling, the defendants took their request to your appellate court.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and security. read more It demonstrates the commitment of the state to protect its citizens and copyright the rule of law.
10. Without touching the merits from the case in the issue of annual increases inside the pensionary emoluments in the petitioner, in terms of policy decision in the provincial government, such once-a-year increase, if permissible while in the case of employees of KMC, necessitates further assessment to generally be made with the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is nicely established now that the provision for proforma promotion is not really alien or unfamiliar into the civil servant service composition but it is already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority could if happy that a civil servant who was entitled being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service to your Federation/ province inside the higher post, direct that this sort of civil servant shall be paid the arrears of pay and allowances of these types of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
dismissed as not pressed and sentences awarded for the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )