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 even though respecting the autonomy of educational institutions. To the aforesaid proposition, we are guided from the decision with the Supreme Court within the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. nine. The aforesaid exceptions are missing in the present case. In these circumstances, this petition is found to generally be not maintainable which is dismissed accordingly with pending application (s). Read more
۔۔۔۔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۔
four. It has been noticed by this Court that there is often a delay of in the future in the registration of FIR which hasn't been explained via the complainant. Moreover, there is not any eye-witness on the alleged event as well as prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners has long been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram happened being the real brothers in the deceased but they didn't respond in the slightest degree on the confessional statements with the petitioners and calmly saw them leaving, a person after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not appear much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making of the alleged extra judicial confession. It has been held on numerous instances that extra judicial confession of the accused is actually a weak form of evidence which can be manoeuvred via the prosecution in almost any case where direct connecting evidence does not occur their way. The prosecution is likewise depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word concerning existence of some light with the place, where they allegedly saw the petitioners jointly on the motorcycle at four.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Offered the legal analysis on the subject issue, we are on the view that the claim in the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle isn't legally seem, Other than promotion and seniority, not absolute rights, These are matter to rules and regulations When the recruitment rules of the topic post permit the case with the petitioners for promotion could possibly be viewed as, however, we are distinct inside our point of view that contractual service cannot be regarded for seniority and promotion given that the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health, issue to availability of vacancy issue for the approval with the competent authority.
Individual researchers working on defined research projects intended for scholarly work can use the hooked up form (PDF) to request PACER fee exemptions from multiple courts.
4. It goes without declaring that observations made hereinabove are only tentative in nature and strictly confined to the disposal of instant bail petition.
73 . Const. P. 288/2024 here (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Pertaining to the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition might be dismissed. This is because service with the grievance notice is really a mandatory necessity along with a precondition for filing a grievance petition. The law needs that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. In the event the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
Electronic and paper court records retained in the court site is usually viewed on the courthouse for free, however there is really a cost of 10 cents for every page to print from a public access terminal.
This system, to be used by members in the Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a nearby electricity grid station on account of potential health risks and dangers.
When the employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't had a possibility to respond to the grievance and attempt to resolve it. In certain cases, the NIRC might allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only carried out If your employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to guide evidence as well as the petitioner company responded towards the allegations as a result they were well conscious of the allegations and led the evidence therefore this point is ofno use to be appeared into in constitutional jurisdiction at this stage. Read more
[three] For example, in England, the High Court plus the Court of Appeals are Each and every bound by their have previous decisions, however, Because the Practice Statement 1966 the Supreme Court in the United Kingdom can deviate from its earlier decisions, Though in practice it seldom does. A notable example of when the court has overturned its precedent could be the case of R v Jogee, where the Supreme Court in the United Kingdom ruled that it as well as the other courts of England and Wales had misapplied the legislation for approximately 30 years.
When the employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not had an opportunity to respond to the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only accomplished If your employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence as well as petitioner company responded on the allegations as a result they were very well mindful of the allegations and led the evidence therefore this point is ofno use being seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are recognized by executive companies based on statutes.