5 Simple Techniques For constructive trusts case law

5 Simple Techniques For constructive trusts case law

Blog Article

seventy seven . 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 in the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.

The main target is around the intention to cause injury. This is often a major difficulty: an incredibly minimal threshold for an offence carrying the death penalty.

Intentional Murder: The true secret component of Section 302 PPC could be the requirement of intention. It indicates that the offender must have the intention to cause the death on the sufferer. Intent might be premeditated or might be formed at this time on the crime.

The former means “guilty act” and also the latter means “guilty mind.” With the omission from the intention, the commission from the act alone will not be sufficient to gain a conviction for that crime. This can be a fundamental principle that all legislation students are well acquainted with.

prolonged period petitioner was not regarded for promotion, meeting of the departmental promotion committee and evaluate the petitioner (Promotion)

This is because transfer orders are typically deemed within the administrative discretion of the employer. However, there can be exceptions in cases where the transfer is inspired by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the right forum. Read more

 Petitioner acquiring been declared an absconder in this case for over a person in addition to a 50 % year generates the apprehension that the petitioner may well avoid standing trial and hence delay the prosecution with the case. The material on record makes the case of your petitioner falls under two exceptions on the rule of grant of bail as mentioned higher than.

The court cannot hear the transfer order challenge as it falls within the terms and conditions of service. Regarding the quo warranto writ, the website petitioner must file a separate petition to challenge the private respondents' appointment orders keeping in view that one of the respondents has retired from service as pointed out by the counsel with the respondent university. 12. The petition and applications pending therein stand dismissed with no order as to costs. Read more

In federal or multi-jurisdictional regulation systems there could exist conflicts between the varied reduced appellate courts. Sometimes these differences is probably not resolved, and it could be necessary to distinguish how the law is applied in one district, province, division or appellate department.

This case has become cited in a lot of subsequent judgments, particularly in cases involving constitutional regulation, judicial independence, and also the rule of legislation.

So, it absolutely was held that the right into a healthy environment was part of the fundamental right to life and right to dignity, under Article nine and 14 with the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all aspects of human existence, all this sort of amenities and facilities that a person is entitled to love with dignity, legally and constitutionally.

This article delves into the intricacies of the recent amendment, accompanied by relevant case legislation, to offer a comprehensive understanding of its implications and sensible applications.

                                                        

The decision further directed the government of Pakistan to establish a commission of internationally known and identified researchers to review and rule on foreseeable future grid station projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power traces.