5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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Courts prioritize fairness and copyright fundamental rights though respecting the autonomy of educational institutions. Over the aforesaid proposition, we are guided because of the decision on the Supreme Court within the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. nine. The aforesaid exceptions are lacking within the present case. In this kind of circumstances, this petition is found to generally be not maintainable which is dismissed accordingly with pending application (s). Read more
Even though the punishment may be severe, its purpose just isn't solely to hunt vengeance but to prevent possible offenders and copyright the principles of justice and social order.
Intentional Murder: The true secret aspect of Section 302 PPC is definitely the prerequisite of intention. It indicates that the offender must have the intention to cause the death of your target. Intent may be premeditated or might be formed in the intervening time of your crime.
maintaining the conviction awarded to your appellant reduce the sentence of your appellant from imprisonment for life to 1 already undergone(Pakistan Penal Code)
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is predicted that the persons acquiring their character previously mentioned board, free from any moral stigma, are to be inducted. Verification of character and antecedents can be a condition precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to carry out absent with the candidature of the petitioner. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, Additionally it is a perfectly-established proposition of legislation 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 from the Stricto-Sensu, use to disciplinary proceedings. When click here the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic for the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings within the evidence.
only about the ground of miscases remanded & only over the ground of misreading of evidence only on the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
The court cannot listen to the transfer order challenge because it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders maintaining in view that one of the respondents has retired from service as pointed out because of the counsel for your respondent university. twelve. The petition and applications pending therein stand dismissed with no order concerning costs. Read more
Typically, only an appeal accepted from the court of final vacation resort will resolve this kind of differences and, For most reasons, such appeals are often not granted.
I) The above mentioned referred case FIR, with the murder of deceased namely Muhammad Sajjad, was registered over the complaint of Muhammad Sharif son of Ghulam Farid who's father of the petitioner and as per Tale of FIR, the petitioner is definitely an eyewkness of your incidence.
10. Without touching the merits of the case of the issue of once-a-year increases within the pensionary emoluments of your petitioner, in terms of policy decision with the provincial government, this kind of yearly increase, if permissible from the case of employees of KMC, requires further assessment for being made through the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more
However, it’s essential to note that the application of the death penalty is subject matter to several legal safeguards and because of process to make certain fair trials.
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 in the respondents that pensionary benefits may very well be withheld on account of the allegations leveled against the petitioner, in our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension may very well be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a significant crime, their pension may 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 with the government.