5 Simple Techniques For constructive trusts case law

5 Simple Techniques For constructive trusts case law

Blog Article

5.  Uncovered Deputy Prosecutor General in addition to counsel for that complainant further argued that during the investigation on the case the petitioner Mst. Mubeena Bibi led towards the recovery of sleeping drugs on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore has long been manufactured before the Court wherein the sleeping capsules were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected from the liver but not within the belly. Hence, the recovery of reported sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Realized Deputy Prosecutor General and counsel to the complainant have also argued that during the investigation with the case the petitioner Bhoora led to your recovery of a motorcycle.

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 of your law laid down with the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority in the parent department in the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and spend the pension amount and other ancillary benefits on the petitioner to which He's entitled under the regulation within two months from the date of receipt of this order. The competent authority in the respondent can also be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

To be a society, it can be essential to continue striving to get a just legal system that ensures fairness, protection, and regard for all individuals’ right to life.

The convictions and sentences Upheld, as misappropriation was committed within the bank and since only the appellants were posted with the relevant time .(Criminal Appeal )

Subscription access exclusively for organizations/businesses (SCC ID demanded) to criminal case information in participating Circuit Courts to the purpose of confirming of an individual’s date of birth.

The recent amendment here to Section 489-F with the Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the legislation with contemporary challenges.

only around 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 issue Here's that an accused could say that they intended to injure the target, but they didn't plan to eliminate them. In other words, they might claim that thedeath that resulted due to the accused’s attack was neither foreseeable nor supposed.

Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more

The law of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called regulation of necessity..

 Criminal cases Within the common law tradition, courts decide the legislation applicable into a 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 follow the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all lower courts should make decisions constant with the previous decisions of higher courts.

This article delves into the intricacies of the recent amendment, accompanied by relevant case legislation, to supply a comprehensive understanding of its implications and useful applications.

ninety . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion may be the vested right of a civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for getting to be entitled being considered for promotion to your higher grade, of course, will not be without logic given that the officer who's in the beginning inducted to a particular post needs to provide around the reported post to gain experience to hold the next higher post and to serve the public inside of a befitting method.

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.