5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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“There is no ocular evidence to show that Muhammad Abbas was murdered by any in the present petitioners. Mere fact that Noor Muhammad and Muhammad Din saw firstly the deceased and after some distance they noticed the petitioners going towards the same direction, didn't signify that the petitioners were chasing the deceased or were accompanying him. This sort of evidence cannot be treated as evidence of last seen.
101 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it truly is handy for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to get rid of a case on advantage and more importantly when after recording of evidence it has reached to a stage of final arguments, endeavors should be made for merit disposal when it's got achieved this sort of stage. Read more
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment about the grounds of extenuating circumstances. The court acknowledged that though the crime of murder was proven, the offender experienced a history of mental illness, which played a significant role in committing the offense. This case set a precedent for contemplating mitigating factors during sentencing.
Rulings by courts of “lateral jurisdiction” are not binding, but may very well be used as persuasive authority, which is to provide substance into the party’s argument, or to guide the present court.
record in the department there isn't any record readily available whatsoever regarding promotion of the petitioner(Promotion)
Reasonable grounds are offered on the record to attach the petitioner with the commission of the alleged offence. Although punishment with the alleged offence does not tumble inside the prohibitory clause of Section 497, Cr.P.C. nonetheless realized Deputy Prosecutor General apprises that another case of similar nature arising from FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is during the credit with the petitioner as accused, therefore, case in the petitioner falls while in the exception where bail cannot be granted even during the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, advice has become sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of your same is hereby reproduced:
only within the ground of miscases remanded & only about the ground of misreading of evidence only to the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
The Court regarded the case to get maintainable under Article 184 (three) since the danger and encroachment alleged were which include to violate the constitutional right to life get more info when interpreted expansively.
after release from the jail he missing interest to contest the instant appeal , appeal is dismissed (Criminal Jail Appeal )
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when The essential norm underlying a Constitution disappears along with a new system is set in its place.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses like self-defense, insanity, or accidental killing, which could lead to reduced charges or acquittal.
three. 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.
Furthermore, it addresses the limitation period under Article 91 and 120 with the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
14. Within the light from the position explained higher than, it is actually concluded that a civil servant includes a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the length of service or in the form of inquiry and departmental action was so taken against his right of promotion. Read more