5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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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 from the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment around the grounds of extenuating circumstances. The court acknowledged that even though the crime of murder was set up, the offender experienced a history of mental illness, which played a significant role in committing the offense. This case established a precedent for thinking about mitigating factors during sentencing.
Section 302 of the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to act as a deterrent and copyright the value of human life. The application of your death penalty or life imprisonment depends on the specifics of every case, together with any extenuating circumstances or mitigating factors.
R.O, Office, Gujranwala and also the police officials did not inform him that the identification parade in the accused hasn't been conducted still. In the moment case, now the accused made an effort to just take advantage of the program aired by SAMAA News, wherein the picture of the petitioner was widely circulated. The police should not have uncovered the identity of the accused through electronic media. The legislation lends assurance into the accused that the identity should not be exposed to the witnesses, particularly to the witness to identify the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and manufactured images. Moreover, the images shown to the media expose that a mask was not placed over the accused to cover his identity right until he was put up for an identification parade. Making photographs of your accused publically, either by showing the same to your witness or by publicizing the same in any newspaper or plan, would create doubt in the proceedings with the identification parade. The Investigating Officer has to be sure that there is no likelihood for your witness to see the accused before going towards the identification parade. The accused should not be shown to the witness in person or through any other method, i.e., photograph, video-graph, or maybe the push or electronic media. Given the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
The case addresses a range of issues including, environmental protection, and an expansive interpretation of your right to life.
be recognized without an iota of doubt in all other jurisdictions) will be inferred. This is usually a horrifying reality, a particularly lower threshold for an offence that carries capital punishment.
forty eight . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice from the Peace u/s 22-A will not be obliged to afford an opportunity of hearing towards the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is needed to take into consideration all relevant factors, with care and caution; to avoid equipment of criminal legislation 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 1997, the boy was placed into the home of John and Jane Roe being a foster child. Although the few had two young children of their own at home, the social worker did not inform them about the boy’s history of both being abused, and abusing other children. When she made her report for the court the following day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the couple experienced youthful children.
If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request to the appellate court.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information being gathered by the parties – specifically regarding the issue of absolute immunity.
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115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits could be withheld on account from the allegations leveled against the petitioner, in our view, section twenty with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does deliver for certain circumstances under which a civil servant's pension might be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension might be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to click here comply with certain conditions established from the government.