5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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77 . 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 around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Unfortunately, that wasn't accurate. Just two months after being placed with the Roe family, the Roe’s son instructed his parents that the boy experienced molested him. The boy was arrested two times later, and admitted to having sexually molested the few’s son several times.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. Should the conclusion or finding is including no reasonable person would have ever reached, the Court may well interfere with the summary or even the finding and mildew the relief to really make it correct for the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or maybe the nature of punishment. About the aforesaid proposition, we've been fortified through the decision with the Supreme Court in 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-twenty five Approved for Reporting WhatsApp
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For your foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more
In this case, the Supreme Court of Pakistan upheld the death penalty to the accused who intentionally murdered the target.
six. Mere involvement in get more info a very heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled with the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, due to the fact then he is at the rear of the bars, He's previous non-convict, never involved in almost any case, investigation qua him is complete, his person isn't any more needed for further investigation, therefore, his steady incarceration would not provide any advantageous purpose at this stage.
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VI) The petitioner is driving the bars considering that arrest, investigation in the case is complete, he is not any more needed for that purpose of investigation and at this stage to keep him guiding the bars before conclusion of trial will provide no practical purpose.
Whoever, with the intention of causing death OR with the intention of causing bodily injury into a person, by doing an act which while in the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently risky that it must in all probability cause death, causes the death with the these kinds of person, is said to commit qatl-i-amd/murder”
In order to preserve a uniform enforcement with the laws, the legal system adheres for the doctrine of stare decisis
a hundred and fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance in the respondents that pensionary benefits may be withheld on account of the allegations leveled against the petitioner, inside our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension could be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set with the government.