5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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seventy seven . 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 over 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 during the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
14. While in the light in the position explained previously mentioned, it is concluded that a civil servant incorporates a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded as for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the duration of service or within the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This Court could 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 manner of inquiry or where the conclusion or finding attained because of the disciplinary authority is based on no evidence. In the event the conclusion or finding is such as no reasonable person would have ever arrived at, the Court could interfere with the summary or even the finding and mildew the relief to really make it correct on the facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or the nature of punishment. Around the aforesaid proposition, we've been fortified with the decision on the Supreme Court while 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
Generally, the burden rests with litigants to appeal rulings (including All those in obvious violation of proven case regulation) into the higher courts. If a judge acts against precedent, as well as case isn't appealed, the decision will stand.
record of the department there is not any record obtainable whatsoever regarding promotion in the petitioner(Promotion)
The presiding judge emphasized the need to address the evolving techniques utilized by counterfeiters, noting that the amendment’s inclusion of technological facets allows for your more in depth legal reaction.
In this case, the Supreme Court of Pakistan upheld the death penalty for the accused who intentionally murdered the victim.
The issue Here's that an accused could say that they intended to injure the sufferer, but they did not plan to get rid of them. In other words, they may claim that thedeath that resulted due to the accused’s attack was neither foreseeable nor intended.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to get more info sell does not confer title; it calls for legal transfer of title. Agreement to sell must be developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
I) The above mentioned referred case FIR, for that murder of deceased namely Muhammad Sajjad, was registered about the complaint of Muhammad Sharif son of Ghulam Farid who is father of the petitioner and as per story of FIR, the petitioner is an eyewkness in the prevalence.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses which include self-defense, insanity, or accidental killing, which may bring about reduced charges or acquittal.
10. Without touching the merits on the case of your issue of once-a-year increases during the pensionary emoluments from the petitioner, in terms of policy decision on the provincial government, this kind of annual increase, if permissible inside the case of employees of KMC, calls for further assessment to become made because of the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
Because of this, simply just citing the case is more very likely to annoy a judge than help the party’s case. Think of it as calling someone to tell them you’ve found their missing phone, then telling them you live in such-and-this sort of community, without actually providing them an address. Driving across the neighborhood attempting to find their phone is likely being more frustrating than it’s value.
It is usually important to note that granting of seniority to a civil servant without the actual size of service just about violates the entire service construction for a civil servant inducted in Quality 17 by claiming this sort of benefit without any experience be directly posted in almost any higher quality, which is neither the intention of the law nor from the equity. Read more