5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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Article 199 from the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It can be effectively-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of the law laid down because of the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of the parent department of the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and spend the pension amount and other ancillary benefits to the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority on the respondent is also directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding arrived at because of the disciplinary authority is based on no evidence. When the conclusion or finding is for instance no reasonable person would have ever reached, the Court could interfere with the conclusion or the finding and mildew the relief to really make it appropriate into 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-recognize the evidence or the nature of punishment. Within the aforesaid proposition, we're fortified because of the decision of your Supreme Court within 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(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Rulings by courts of “lateral jurisdiction” are certainly not binding, but might be used as persuasive authority, which is to offer substance to your party’s argument, or to guide the present court.
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
Article 27 on the Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment in addition. The disparity during the shell out scale allowances of Stenographers in the District Judiciary is while in the crystal clear negation on the regulation laid down by the Supreme Court in its several pronouncements. Read more
Where there are several members of a court deciding a case, there could be one particular or more judgments provided (or reported). Only the reason to the decision with the majority can represent a binding precedent, but all can be cited as persuasive, or their reasoning could be adopted within an argument.
There are innumerable situations where death was never supposed – even more where People nominated during the FIR were not present when the injury or death occurred. The death of the human being is a tragic event. Even so the death of any residing being is not any fewer a tragic event.
9. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a nearby electricity grid station due to potential health risks and dangers.
Online access to the statewide search of adult criminal case get more info information during the juvenile & domestic relations district courts, criminal and traffic case information in general district courts and choose circuit courts. Note: Payments cannot be made using this system.
Regardless of its popularity, very few may perhaps be aware of its intricacies. This article is surely an attempt to highlight the flaws of this section as well as exceptionally reduced threshold that governs it.
Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It may be used to guide the court, but just isn't binding precedent.
Finding reliable free case regulation sites is usually challenging. Quite a few websites call for subscriptions or offer limited information. This article helps you navigate the landscape of free case law resources in Pakistan, providing you with a curated list of reliable and accessible platforms.