5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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Article 199 of your Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It is actually properly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
93 . 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 is usually a effectively-founded proposition of legislation 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic on the procedure provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings on the evidence.
Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), and also the petitioners could look for remedies through the civil court process as discussed supra. Read more
Statutory laws are People created by legislative bodies, including Congress at both the federal and state levels. Although this variety of regulation strives to form our society, offering rules and guidelines, it would be unachievable for virtually any legislative body to anticipate all situations and legal issues.
record of your department there is no record readily available whatsoever regarding promotion on the petitioner(Promotion)
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal aid might be expensive and tough to get hold of.
forty eight . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice with the Peace u/s 22-A just isn't obliged to afford a possibility of hearing towards the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is required to take into consideration all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
This ruling has conditions, and Considering that the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a nearby electricity grid station as a result of prospective health risks and dangers.
The scrupulous reader may possibly have noticed one thing over: a flaw. Further than the first 7 words, the definition focuses about the intention to cause “Injury,” not the intention to cause death. The two fundamental elements that must be proven in order to convict a person of a crime are “
In order to prove murder, there has to be an intention to cause the death of that person along with the action of actually injuring them – and that injury subsequently leading to and causing the death of that person.
A coalition of residents sent a letter of petition for the Supreme Court to challenge the Water and Power Progress Authority’s (WAPDA) construction of the electricity grid station in their neighborhood, on designated “green belt” property. The Court listened to the matter to be a human rights case, as Article 184 (3) of the Pakistan Constitution offers initial jurisdiction for the Supreme Court to choose up and determine any matter concerning the enforcement of fundamental rights of public importance.
14. From the light of your position explained earlier mentioned, it can be concluded that a civil servant contains a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his have and In the more info meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Read more