5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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Taking someone’s life is actually a heinous crime that devastates households, communities, and society as a whole. The harsh punishment serves as being a deterrent to possible offenders and seeks to copyright the sanctity of human life.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, it is also a effectively-set up proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is topic for the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings around the evidence.
four. It's been noticed by this Court that there is really a delay of at some point while in the registration of FIR which has not been explained with the complainant. Moreover, there isn't any eye-witness with the alleged incidence plus the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners continues to be tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram took place to become the real brothers from the deceased but they didn't react in the least on the confessional statements from the petitioners and calmly observed them leaving, a person after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation as to why her arrest wasn't effected after making of your alleged extra judicial confession. It's been held on numerous situations that extra judicial confession of the accused is actually a weak type of evidence which can be manoeuvred from the prosecution in any case where direct connecting evidence does not come their way. The prosecution is also depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word as to existence of some light on the place, where they allegedly noticed the petitioners collectively over a motorcycle at four.
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The court system is then tasked with interpreting the legislation when it is unclear how it relates to any provided situation, generally rendering judgments based on the intent of lawmakers and also the circumstances of the case at hand. These here types of decisions become a guide for potential similar cases.
This Court could interfere where the authority held the proceedings against the delinquent officer in a very manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding reached with the disciplinary authority is based on no evidence. In case the summary or finding is including no reasonable person would have ever achieved, the Court may perhaps interfere with the conclusion or the finding and mold the relief to make it acceptable into the facts of each and every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. Over the aforesaid proposition, we are fortified via the decision of your Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
If a target is shot at point-blank assortment, it might still be fair to infer that the accused meant death. However, that is just not always the case.
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of your Peace u/s 22-A is not obliged to afford a possibility of hearing on the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to think about all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
This ruling has conditions, and since the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Presented the legal analysis on the subject issue, we are of the view that the claim in the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle isn't legally seem, Aside from promotion and seniority, not absolute rights, They may be subject matter to rules and regulations When the recruitment rules of the topic post permit the case with the petitioners for promotion might be considered, however, we have been clear within our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, subject matter to availability of vacancy topic into the approval on the competent authority.
Case regulation, also known as precedent, forms the foundation of the Pakistani legal system. Understanding relevant judgments and rulings is vital for interpreting statutes and predicting legal results. Free access to these resources democratizes legal knowledge, empowering citizens and advertising transparency.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same sort of case.
A coalition of residents sent a letter of petition to the Supreme Court to challenge the Water and Power Improvement Authority’s (WAPDA) construction of the electricity grid station in their neighborhood, on designated “green belt” property. The Court heard the matter like a human rights case, as Article 184 (three) on the Pakistan Constitution presents original jurisdiction towards the Supreme Court to choose up and determine any matter concerning the enforcement of fundamental rights of public importance.
115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance of the respondents that pensionary benefits may be withheld on account of your allegations leveled against the petitioner, in our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does deliver for certain circumstances under which a civil servant's pension might be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set through the government.