5 Simple Techniques For constructive trusts case law

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 to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and from 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 for the main case, it is also a properly-established proposition of law 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain 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 never otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to arrive at its independent findings over the evidence.

The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal has not challenged(Criminal Jail Appeal )

12. There is no denial from the fact that in Government service it is anticipated that the persons owning their character above board, free from any moral stigma, are for being inducted. Verification of character and antecedents is usually a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do absent with the candidature on the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp

ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is nicely-settled that the civil servants must first go after internal appeals within ninety times. Should the appeal is just not decided within that timeframe, he/she can then approach the service tribunal to challenge the first order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 times for the department to act has already expired. About the aforesaid proposition, we are guided because of the decision from the Supreme Court from the case of Dr.

It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal aid can be costly and hard to obtain.

S. Supreme Court. Generally speaking, proper case citation involves the names from the parties to the first case, the court in which the case was listened to, the date it was decided, plus the book in which it really is recorded. Different citation requirements might involve italicized or underlined text, and certain specific abbreviations.

48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice from the Peace u/s 22-A isn't obliged to afford a possibility of hearing on the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is required to take into consideration all relevant factors, with care and caution; to avoid equipment of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more

In federal or multi-jurisdictional regulation systems there could exist conflicts between the varied reduce appellate courts. Sometimes these differences is probably not resolved, and it may be necessary to distinguish how the legislation is applied in a single district, province, division or appellate department.

Knowledge in the accused is often a matter to become inferred from the circumstances, for it being a state of mind, is very hard to be proved otherwise.”

The scrupulous reader might have noticed a little something previously mentioned: a flaw. Over and above the first seven words, the definition focuses to the intention to cause “Injury,” not the intention to cause death. The 2 fundamental elements that must be proven in order to convict a person of a crime are “

one. Judicial Independence: The court emphasized the importance of judicial independence along with the 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 effectively set up now that the provision for proforma promotion isn't alien or unfamiliar towards the civil servant service structure but it is already embedded in Fundamental Rule seventeen, wherein it is actually lucidly enumerated that the appointing authority may if satisfied that a civil servant who was entitled to get promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service into the Federation/ province inside the higher post, direct that this kind of civil servant shall be paid the arrears of spend and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her here seniority. Read more

Stacy, a tenant within a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he experienced not supplied her ample notice before raising her rent, citing a whole new state legislation that needs a minimum of 90 days’ notice. Martin argues that The brand new regulation applies only to landlords of large multi-tenant properties.

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