5 Simple Techniques For constructive trusts case law

5 Simple Techniques For constructive trusts case law

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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 perfectly-proven 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 achieve a finding of fact or summary. 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 get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject on the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to arrive at its independent findings to the evidence.

In this landmark case, the Supreme Court commuted the death sentence to life imprisonment to the grounds of extenuating circumstances. The court acknowledged that while the crime of murder was founded, the offender had a history of mental illness, which played a significant role in committing the offense. This case set a precedent for thinking of mitigating factors during sentencing.

Some bodies are supplied statutory powers to issue steering with persuasive authority or similar statutory effect, such as the Highway Code.

R.O, Office, Gujranwala and also the police officials did not inform him that the identification parade in the accused has not been conducted nevertheless. In the moment case, now the accused attempted to consider advantage of the program aired by SAMAA News, wherein the image of the petitioner was greatly circulated. The police should not have uncovered the identity of your accused through electronic media. The law lends assurance for the accused that the identity should not be exposed to the witnesses, particularly with the witness to identify the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and developed pics. In addition to, the images shown within the media expose that a mask wasn't placed over the accused to hide his identity till he was put up for an identification parade. Making photographs on the accused publically, possibly by showing the same to the witness or by publicizing the same in almost any newspaper or method, would create doubt in the proceedings of your identification parade. The Investigating Officer has to ensure that there isn't any probability for that witness to begin to see the accused before going into the identification parade. The accused should not be shown to your witness in person or through any other manner, i.e., photograph, video-graph, or maybe the push or electronic media. Provided the reasons elaborated higher than, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.

Article 27 with the Constitution does not only safeguard against discrimination on the time of appointment of service but after the appointment at the same time. The disparity in the spend scale allowances of Stenographers inside the District Judiciary is from the obvious negation with the legislation laid down because of the Supreme Court in its several pronouncements. Read more

The reason for this difference is that these civil regulation jurisdictions adhere to the tradition that the reader should have the capacity to deduce the logic from the decision along with the statutes.[four]

This guide delivers precious insights into free online resources offering access to Pakistani case regulation, helping you navigate the complexities of legal research.

This ruling has conditions, and For the reason that petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. nine. In view of the above mentioned facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more

VI)     The petitioner is behind the bars considering that arrest, investigation in the case is complete, he is no more needed with the purpose of investigation and at this stage to help keep him at the rear of the bars before conclusion of trial will serve no practical purpose.

Finally, a vital contribution of this case which was accepted for consideration from the Court under Article 184 (3), has actually been setting a precedent which allows for much easier access to the public read more to approach the superior courts as well as the subordinate courts on environment related issues.

کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟

104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is effectively proven now that the provision for proforma promotion just isn't alien or unfamiliar to your civil servant service framework however it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority could if pleased that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service towards the Federation/ province within the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of these types 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 of your private respondents and found them to be match for promotion. CP dismissed(Promotion)