5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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5. Acquired Deputy Prosecutor General along with counsel to the complainant further argued that during the investigation in the case the petitioner Mst. Mubeena Bibi led to your recovery of sleeping supplements on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore has been produced before the Court wherein the sleeping capsules were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected during the liver but not during the stomach. Hence, the recovery of mentioned sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Uncovered Deputy Prosecutor General and also counsel with the complainant have also argued that during the investigation in 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 on the legislation laid down via the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority in the parent department on the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and spend the pension amount and other ancillary benefits on the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority of your respondent is also directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
four. It has been noticed by this Court that there is really a delay of someday from the registration of FIR which hasn't been explained via the complainant. Moreover, there isn't any eye-witness of your alleged event and also the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners has become tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram occurred being the real brothers from the deceased but they didn't react whatsoever for the confessional statements of the petitioners and calmly noticed 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 search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation regarding why her arrest wasn't effected after making on the alleged extra judicial confession. It's been held on countless instances that extra judicial confession of an accused is usually a weak form of evidence which may very well be manoeuvred because of the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution can be counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word regarding existence of some light in the place, where they allegedly saw the petitioners collectively on a motorcycle at four.
maintaining the conviction awarded into the appellant reduce the sentence from the appellant from imprisonment for life to one already undergone(Pakistan Penal Code)
ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually very well-settled that the civil servants must first go after internal appeals within ninety times. In the event the appeal will not be decided within that timeframe, he/she will then technique the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety days for your department to act has already expired. Within the aforesaid proposition, we've been guided because of the decision in the Supreme Court inside the case of Dr.
This is because transfer orders are typically regarded within the administrative discretion of the employer. However, there can be exceptions in cases where the transfer is inspired by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the appropriate forum. Read more
The ruling on the first court created case law that must be followed by other courts until or Until both new law is created, or simply a higher court rules differently.
Some pluralist systems, which include Scots legislation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, usually do not precisely fit into the dual common-civil legislation system classifications. These types of systems may have been intensely influenced from the Anglo-American common law tradition; however, their substantive law is firmly rooted while in the civil law tradition.
Online access into the case management system for your Court of Appeals of Virginia. Cases might be searched using name or case number.
2. I have listened to the acquired counsel for that parties together with uncovered DPG at length, perused the record and noticed that:-
Thus, it absolutely was held that the right into a healthy environment was part of your fundamental right to life and right to website dignity, under Article 9 and 14 of your Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all this kind of amenities and amenities that a person is entitled to delight in with dignity, legally and constitutionally.
The case of *R v. Ahmed* exemplifies the practical application of this amendment and its prospective to safe economic interests and maintain the integrity in the national currency. As legal practitioners and citizens, an extensive grasp of such changes is vital for upholding the principles of justice and contributing to a strong legal system.
The latest amendment to this section signifies the legislature’s dedication to boosting the effectiveness with the legislation in tackling contemporary challenges related to counterfeiting.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory legislation, which are set up by executive agencies based on statutes.