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 moment Petition under Article 199 on the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon via the prosecution against the petitioner and his earlier mentioned mentioned co-accused namely Hussain Bakhsh has already been opined because of the Lahore High Court, Lahore in its order dated 2-12-2010 passed in Criminal Miscellaneous No.
Case law is specific on the jurisdiction in which it had been rendered. For illustration, a ruling in a very California appellate court would not commonly be used in deciding a case in Oklahoma.
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؟
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is definitely the principle by which judges are bound to this kind of past decisions, drawing on proven judicial authority to formulate their positions.
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal help is often highly-priced and tough to receive.
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's very well-settled that even though considering the case of standard promotion of civil servants, the competent authority should look at the advantage of many of the suitable candidates and after owing deliberations, to grant promotion to this sort of qualified candidates who're found to be most meritorious among them. Since the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was disregarded with the respondent department just to increase favor to the blue-eyed candidate based on OPS, which is apathy about the part of your respondent department.
six. Mere involvement inside a heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled for the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, considering that then He's powering the bars, He's previous non-convict, never involved in any case, investigation qua him is complete, his person is no more required for further investigation, therefore, his constant incarceration would not serve any useful purpose at this stage.
P.C. Liability of petitioners with the said offences would be determined from the discovered trial Court after sifting the evidentiary well worth from the material developed before the same. Till then, case of
Therefore, this petition is found to become not maintainable and is particularly dismissed along with the pending application(s), and the petitioners could seek out remedies through the civil court process as discussed supra. Read more
In the event the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had an opportunity 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 incorporate the grievance notice. However, this get more info will likely be only performed If your employee can show that they'd a good reason for not serving the grievance notice. During the present case, the parties were allowed to guide evidence plus the petitioner company responded into the allegations as such they were nicely aware of the allegations and led the evidence as a result this point is ofno use for being appeared into in constitutional jurisdiction at this stage. Read more
3. Rule of Law: The court reiterated the importance of upholding the rule of regulation and making sure that all institutions function within their constitutional mandates.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion is definitely the vested right of the civil servant, therefore, neither any seniority nor any promotion could possibly be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular size of service for turning into entitled to get regarded for promotion to the higher quality, of course, is not really without logic as the officer that's to begin with inducted to the particular post needs to serve around the claimed post to gain experience to hold the next higher post and to provide the public in the befitting manner.
Finding reliable free case legislation sites could be challenging. Many websites require subscriptions or offer limited information. This article helps you navigate the landscape of free case regulation resources in Pakistan, supplying you with a curated list of reliable and accessible platforms.