5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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Courts prioritize fairness and copyright fundamental rights although respecting the autonomy of educational institutions. To the aforesaid proposition, we are guided by the decision of your Supreme Court during the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court ninety two. nine. The aforesaid exceptions are lacking during the present case. In these circumstances, this petition is found being not maintainable and is particularly dismissed accordingly with pending application (s). Read more
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؟
This Court may well interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved via the disciplinary authority is based on no evidence. When the conclusion or finding is such as no reasonable person would have ever arrived at, the Court may well interfere with the summary or even the finding and mould the relief to make it suitable on the facts of each case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. About the aforesaid proposition, we have been fortified by the decision from the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Though there is not any prohibition against referring to case law from a state other than the state in which the case is being read, it holds little sway. Still, if there is no precedent within the home state, relevant case regulation from another state could be deemed via the court.
R.O, Office, Gujranwala along with the police officials did not inform him that the identification parade from the accused has not been conducted nonetheless. In the instant case, now the accused attempted to choose advantage of the program aired by SAMAA News, wherein the image in the petitioner was commonly circulated. The police should not have exposed the identity from the accused through electronic media. The legislation lends assurance to the accused that the identity should not be subjected to the witnesses, particularly for the witness to establish the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and made pics. Apart from, the images shown on the media expose that a mask wasn't placed over the accused to hide his identity right until he was put up for an identification parade. Making pictures with the accused publically, both by showing the same for the witness or by publicizing the same in any newspaper or method, would create doubt within the proceedings with the identification parade. The Investigating Officer has to guarantee that there isn't any possibility for your witness to see the accused before going to your identification parade. The accused should not be shown to your witness in person or through any other mode, i.e., photograph, video-graph, or maybe the press or electronic media. Supplied the reasons elaborated higher than, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
Power to levy tax and also to legislate on immovable property which includes tax on annual rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is well-settled that whilst contemplating the case of regular promotion of civil servants, the competent authority needs to take into account the benefit of each of the qualified candidates and after because of deliberations, to grant promotion to this kind of eligible candidates who are found to be most meritorious amongst them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed through the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy on the part in the respondent department.
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The prosecution presented substantial evidence, like eyewitness testimonies and expert forensic analysis, confirming the copyright nature of your seized currency.
If granted absolute immunity, the parties would not only be protected from liability inside the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request to your appellate court.
3. Rule of Regulation: The court reiterated the importance of upholding the rule of legislation and making certain that all institutions function within their constitutional mandates.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion could be the vested right of a civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular size of service for starting to be entitled to generally be viewed as for promotion to your higher quality, of course, is not really without logic given that the officer that's to begin with inducted to your particular post needs to serve within the reported post to gain experience to hold the next higher post and to provide the public read more within a befitting way.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination in the current case are called obiter dicta, which represent persuasive authority but aren't technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[four]