5 Simple Techniques For constructive trusts case law

5 Simple Techniques For constructive trusts case law

Blog Article

Article 199 of the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It is nicely-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the regulation laid down from the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority on the parent department on the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and fork out the pension amount and other ancillary benefits to your petitioner to which He's entitled under the regulation within two months from the date of receipt of this order. The competent authority of the respondent is also directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

V)      During investigation, the Investigating Officer concluded that fire-arm injury which was fatal towards the deceased was caused through the petitioner but in support of opinion with the Investigating Officer no iota of evidence is obtainable within the file and mere ipsi dixit of police is not binding to the Court.

Some bodies are provided statutory powers to issue direction with persuasive authority or similar statutory effect, including the Highway Code.

prolonged period petitioner wasn't regarded for promotion, meeting from the departmental promotion committee and think about the petitioner (Promotion)

The presiding judge emphasised the need to address the evolving techniques utilized by counterfeiters, noting that the amendment’s inclusion of technological features allows for the more complete legal response.

ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be nicely-settled that though taking into consideration the case of normal promotion of civil servants, the competent authority must evaluate the merit of the many suitable candidates and after due deliberations, to grant promotion to these kinds of suitable candidates who are found to get most meritorious among them. Considering that the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was overlooked from the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy around the part on the respondent department.

لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................

In federal or multi-jurisdictional law systems there may possibly exist conflicts between the various decrease appellate courts. Sometimes these differences may not be resolved, and it could be necessary to distinguish how the legislation is applied in one district, province, division or appellate department.

Knowledge in the accused is usually a matter to become inferred from the circumstances, for it being a state of mind, is quite challenging to be proved otherwise.”

 Criminal cases During the common regulation tradition, courts decide the law applicable to some case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Not like most civil law systems, common law systems Adhere to the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions constant with the previous decisions of higher courts.

Whoever, with the intention of causing death OR with the intention of causing bodily injury to your person, by performing an act which during the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently dangerous that it must in check here all likelihood cause death, causes the death from the these types of person, is claimed to commit qatl-i-amd/murder”

Search for websites affiliated with reliable legal institutions or organizations. Verify the information against other sources when achievable.

In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.