5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
Blog Article
77 . 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 on the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, Additionally it is a effectively-recognized proposition of regulation 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 succeed in 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 within the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue to the procedure provided under the relevant rules and not 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 arrive at its independent findings around the evidence.
Life imprisonment can be an alternative to the death penalty. In these types of cases, the convicted person is sentenced to invest the remainder of their natural life at the rear of bars.
Ordinarily, the burden rests with litigants to appeal rulings (like those in obvious violation of set up case regulation) towards the higher courts. If a judge acts against precedent, plus the case just isn't appealed, the decision will stand.
The court system is then tasked with interpreting the regulation when it's unclear how it applies to any specified situation, normally rendering judgments based on the intent of lawmakers and the circumstances of your case at hand. These types of decisions become a guide for future similar cases.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 on the main case, It is additionally a very well-founded proposition of regulation 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, implement 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 from the charge, however, that is topic into the procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings around the evidence.
Where there are several members of the court deciding a case, there could possibly be 1 or more judgments presented (or reported). Only the reason for the decision in the majority can represent a binding precedent, but all might be cited as persuasive, or their reasoning can be adopted in an argument.
The appellant should have remained vigilant and raised his challenge towards the Judgment within time. Read more
after release from the prison he missing interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )
VI) The petitioner is driving the bars since arrest, investigation of your case is complete, he is not any more necessary for the purpose of investigation and at this stage to help keep him behind the bars before summary of trial will provide no practical purpose.
Apart from the rules of procedure for precedent, the load provided to any reported judgment might count on the reputation of both the reporter and also the judges.[7]
three. Rule of Legislation: The court reiterated the importance of upholding the rule of regulation and guaranteeing that all institutions function within their constitutional mandates.
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay back fixation are certainly not entertainable for your reasons that this sort of matters are typically handled by administrative or service tribunals, and the legal grounds for this petition are insufficient as such this petition is dismissed, which consists of disputed claims and counterclaims on the subject post, therefore this court is not really inside a position to dilate upon this sort of disputes in constitutional jurisdiction. Read more
The residents argued that the high-voltage grid station would pose a health risk and potential hazard to local residents. Finally, the court determined the scientific evidence inconclusive, even though observing the general pattern supports that electromagnetic fields have unfavorable effects on human health. The Court accepted the petitioner’s argument that it should adopt the precautionary principle established out from the 1992 Rio Declaration about the Environment and Improvement, the first international instrument that linked environment protection with human check here rights, whereby the lack of full scientific certainty should not be used for a reason to prevent environmental degradation.