5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
Blog Article
refers to your landmark case decided via the Supreme Court of Pakistan in 2012. Right here’s a brief overview:
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, It's also a very well-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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, apply 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 in the charge, however, that is subject towards the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to reach at its independent findings over the evidence.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not implement, as being the criminal Court has not convicted the petitioner, fairly he has actually been acquitted from the criminal charges based on evidence and it's properly-settled law that once the civil servant is acquitted inside the criminal case, then on this quite charge he cannot be awarded in almost any punishment via the department and held him disqualified for the post because acquittal for all potential purposes. The aforesaid proposition has become set at naught because of the Supreme Court of Pakistan in the case of the District Police Officer Mainwali and a couple of others v.
maintaining the conviction awarded towards the appellant reduce the sentence of the appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
Individual researchers working on defined research projects meant for scholarly work can use the hooked up form (PDF) to request PACER charge exemptions from multiple courts.
Please use 1 username and password set from the options. If it does not work please check out the other. Each and every allows single consumer access only - so please remember to log off properly when you have finished your session in Manupatra.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government organizations in regards to projects that could possibly pose a public risk. This case is additionally noteworthy, “because it laid down the foundations of all upcoming more info public interest litigation introduced before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found while in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination can be a right to life itself.
In any society, the enforcement of law and order is essential to maintain peace and protect its citizens. On the list of most critical crimes that can disrupt this harmony is murder. In Pakistan, Section 302 of your Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is important to make certain justice prevails.
On June 16, 1999, a lawsuit was filed on behalf in the boy by a guardian ad litem, against DCFS, the social worker, along with the therapist. A similar lawsuit was also filed on behalf from the Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for your dismissal based on absolute immunity, because they were all acting in their Work opportunities with DCFS.
When the petitioner is actually present on the place of occurrence without causing any injury to your deceased or PWs then in these circumstances, whether he is vicariously liable shall be decided from the learned trial Court after recording of your evidence.
Generally speaking, higher courts do not have direct oversight over the lessen courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments of your decrease courts.
A coalition of residents sent a letter of petition to your Supreme Court to challenge the Water and Power Enhancement Authority’s (WAPDA) construction of the electricity grid station in their community, on designated “green belt” property. The Court listened to the matter to be a human rights case, as Article 184 (three) with the Pakistan Constitution presents unique jurisdiction for the Supreme Court to get up and determine any matter concerning the enforcement of fundamental rights of public importance.
competent authority has determined the eligibility of the private respondents and found them being suit for promotion. CP dismissed(Promotion)