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 of your Constitution based within 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 while in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.

one hundred and one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it is effortless for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to create an attempt to eliminate a case on merit and more importantly when after recording of evidence it's attained to the stage of final arguments, endeavors should be made for benefit disposal when it's got achieved this kind of stage. Read more

116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not implement, as being the criminal Court hasn't convicted the petitioner, alternatively he has long been acquitted of the criminal charges based on evidence and it is well-settled law that once the civil servant is acquitted inside the criminal case, then on this extremely charge he cannot be awarded in almost any punishment because of the department and held him disqualified for the post because acquittal for all long term purposes. The aforesaid proposition has actually been established at naught with the Supreme Court of Pakistan while in the case on the District Police Officer Mainwali and a pair of others v.

Generally, the burden rests with litigants to appeal rulings (which includes These in crystal clear violation of set up case legislation) to the higher courts. If a judge acts against precedent, as well as the case is just not appealed, the decision will stand.

The claimed recovery may be used, within the most, for corroboration of the main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The claimed memo of pointation is irrelevant and inadmissible as nothing was discovered because of these pointation. The place of incidence and also the place of throwing the dead body were already in the knowledge of witnesses previous to their pointation via the petitioners. Reliance can also be placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held because of the august Supreme Court of Pakistan as under:

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 Petitioner obtaining been declared an absconder in this case for over 1 and a 50 percent year generates the apprehension that the petitioner could avoid standing trial and as a result delay the prosecution in the case. The material on record makes the case with the petitioner falls under two exceptions to your rule of grant of bail as mentioned above.

6.  Mere involvement inside of 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, due to the fact then he is at the rear of the bars, he is previous non-convict, never involved in almost any case, investigation qua him is complete, his person isn't any more required for further investigation, therefore, his ongoing incarceration would not provide any useful purpose at this stage.

nine.  Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.

2. I have read the realized counsel for that parties and discovered DPG at length, perused the record and observed that:-

Consequently, it was held that the right into a healthy environment was part from the fundamental right to life and right to dignity, under Article nine and fourteen of the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all aspects of human existence, all such amenities and facilities that a person is entitled to delight in with dignity, legally and constitutionally.

In order to prove murder, there has to be an intention to cause the death of that person along with the action of actually injuring them click here – and that injury subsequently leading to and causing the death of that person.

What's more, it addresses the limitation period under Article 91 and 120 of the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more

It is additionally important to note that granting of seniority into a civil servant without the actual duration of service pretty much violates the whole service construction as a civil servant inducted in Grade seventeen by claiming such benefit without any experience be directly posted in any higher grade, which is neither the intention with the legislation nor of the equity. Read more