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 of your Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.

Unfortunately, that wasn't genuine. Just two months after being placed with the Roe family, the Roe’s son informed his parents that the boy had molested him. The boy was arrested two days later, and admitted to getting sexually molested the pair’s son several times.

This Court might interfere where the authority held the proceedings against the delinquent officer within a method 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 via the disciplinary authority is based on no evidence. In case the summary or finding is including no reasonable person would have ever arrived at, the Court might interfere with the summary or maybe the finding and mould the relief to really make it proper to the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or perhaps the nature of punishment. Around the aforesaid proposition, we've been fortified from the decision from 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

Deterrence: The anxiety of severe outcomes, which include capital punishment, is meant to discourage prospective criminals from committing murder. This deterrent effect is essential in reducing the event of intentional killings.

Because of their position between The 2 main systems of legislation, these types of legal systems are sometimes referred to as mixed systems of legislation.

کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟

be established without an iota of doubt in all other jurisdictions) will be inferred. This is really a horrifying reality, an especially low threshold for an offence that carries capital here punishment.

Electronic and paper court records retained within the court site could be viewed within the courthouse for free, however there is really a price of ten cents per page to print from a public access terminal.

Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it requires legal transfer of title. Agreement to sell must be produced and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more

Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), and the petitioners may possibly seek out remedies through the civil court process as discussed supra. Read more

When the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not had a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only finished Should the employee can show that they'd a good reason for not serving the grievance notice. In the present case, the parties were allowed to guide evidence along with the petitioner company responded for the allegations as such they were properly conscious of the allegations and led the evidence therefore this point is ofno use to get seemed into in constitutional jurisdiction at this stage. Read more

Generally speaking, higher courts don't have direct oversight over the reduced courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments in the lower courts.

In order to preserve a uniform enforcement with the laws, the legal system adheres for the doctrine of stare decisis

The residents argued that the high-voltage grid station would pose a health risk and probable hazard to local residents. Eventually, the court determined the scientific evidence inconclusive, while observing the general development supports that electromagnetic fields have adverse effects on human health. The Court accepted the petitioner’s argument that it should adopt the precautionary principle established out while in the 1992 Rio Declaration around the Environment and Enhancement, the first international instrument that linked environment protection with human rights, whereby The shortage of full scientific certainty should not be used as being a reason to prevent environmental degradation.