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 instant Petition under Article 199 of your Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
The main focus is around the intention to cause injury. This is really a major challenge: an extremely minimal threshold for an offence carrying the death penalty.
4. It's been noticed by this Court that there is really a delay of someday while in the registration of FIR which hasn't been explained via the complainant. Moreover, there is no eye-witness of your alleged incidence and the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners has actually been 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 being the real brothers with the deceased but they did not react in the slightest degree for the confessional statements in the petitioners and calmly observed them leaving, a single 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 fourteen.02.2018 and there is not any explanation regarding why her arrest wasn't effected after making in the alleged extra judicial confession. It has been held on lots of events that extra judicial confession of an accused is a weak variety of evidence which might be manoeuvred via the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is usually relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word concerning existence of some light with the place, where they allegedly observed the petitioners together on the motorcycle at 4.
Rulings by courts of “lateral jurisdiction” are not binding, but may read more be used as persuasive authority, which is to offer substance to the party’s argument, or to guide the present court.
Preceding four tax years interpreted. It's not necessarily from the date of finalisation of audit but from the tax year involved. Read more
Reasonable grounds are available to the record to connect the petitioner with the commission in the alleged offence. However punishment in the alleged offence does not fall from the prohibitory clause of Section 497, Cr.P.C. but learned Deputy Prosecutor General apprises that another case of similar nature arising from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is within the credit in the petitioner as accused, therefore, case of the petitioner falls from the exception where bail cannot be granted even while in the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, direction continues to be sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of your same is hereby reproduced:
Following the decision, NESPAK, as directed, conducted an assessment with the grid project and submitted that sufficient mitigation measures were in place to render any potential adverse impacts negligible. Based on this, the grid station was permitted to become developed.
The Court viewed as the case for being maintainable under Article 184 (3) Because the danger and encroachment alleged were which include to violate the constitutional right to life when interpreted expansively.
In 1997, the boy was placed into the home of John and Jane Roe to be a foster child. Although the couple had two youthful children of their individual at home, the social worker did not inform them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following working day, the worker reported the boy’s placement while in the Roe’s home, but didn’t mention that the few experienced youthful children.
Therefore, this petition is found to generally be not maintainable and is dismissed along with the pending application(s), and the petitioners may request remedies through the civil court process as discussed supra. Read more
Online access to some statewide search of adult criminal case information during the juvenile & domestic relations district courts, criminal and traffic case information in general district courts and select circuit courts. Note: Payments cannot be made using this system.
one. Judicial Independence: The court emphasised the importance of judicial independence as well as separation of powers.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is properly established now that the provision for proforma promotion isn't alien or unfamiliar to the civil servant service structure but it's already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority could if pleased that a civil servant who was entitled to be promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service on the Federation/ province while in the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
competent authority has determined the eligibility on the private respondents and found them to become healthy for promotion. CP dismissed(Promotion)