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 while respecting the autonomy of educational institutions. Over the aforesaid proposition, we're guided from the decision of the Supreme Court during the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. 9. The aforesaid exceptions are missing during the present case. In these circumstances, this petition is found to be not maintainable and is particularly dismissed accordingly with pending application (s). Read more
When the punishment could possibly be severe, its purpose is not solely to hunt vengeance but to discourage opportunity offenders and copyright the principles of justice and social order.
limitation of liability towards the extent of a cap provided by the registered mortgage deed(Banking Law)
While in the dynamic realm of legal statutes, amendments Participate in a crucial role in adapting to evolving circumstances and strengthening the legal framework. A person these kinds of notable amendment that has garnered attention is definitely the latest revision of Section 489-F on the Pakistan Penal Code (PPC).
Individual researchers working on defined research projects intended for scholarly work can use the attached form (PDF) to request PACER price exemptions from multiple courts.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming on the main case, It's also a very well-established proposition of law 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence inside the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is issue towards the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings about the evidence.
S. Supreme Court. Generally speaking, proper case citation contains the names on the parties to the initial case, the court in which the case was heard, the date it absolutely was decided, and the book in which it is actually recorded. Different citation requirements may perhaps incorporate italicized or underlined text, and certain specific abbreviations.
Some pluralist systems, like Scots legislation in Scotland and types of civil legislation jurisdictions read more in Quebec and Louisiana, never precisely healthy into the dual common-civil regulation system classifications. These types of systems may have been seriously influenced with the Anglo-American common regulation tradition; however, their substantive regulation is firmly rooted within the civil law tradition.
This system, to be used by members on the Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Offered the legal analysis on the subject issue, we're of your view that the claim on the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle isn't legally audio, Other than promotion and seniority, not absolute rights, They may be subject matter to rules and regulations Should the recruitment rules of the subject post permit the case on the petitioners for promotion might be considered, however, we're obvious inside our point of view that contractual service cannot be considered for seniority and promotion as being the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy subject matter towards the approval on the competent authority.
So, it had been held that the right to the healthy environment was part of your fundamental right to life and right to dignity, under Article 9 and 14 with the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all this sort of amenities and amenities that a person is entitled to get pleasure from with dignity, legally and constitutionally.
Whoever, with the intention of causing death OR with the intention of causing bodily injury to some person, by undertaking an act which from the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently hazardous that it must in all probability cause death, causes the death in the this sort of person, is alleged to commit qatl-i-amd/murder”
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's effectively set up now that the provision for proforma promotion isn't alien or unfamiliar towards the civil servant service structure but it is already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may if glad that a civil servant who was entitled to get promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service towards the Federation/ province while in the higher post, direct that this kind of civil servant shall be paid the arrears of shell out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
fourteen. Inside the light on the position explained previously mentioned, it really is concluded that a civil servant incorporates a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more