5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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Article 199 of the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It is nicely-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
14. During the light on the position explained previously mentioned, it really is concluded that a civil servant has a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded as for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or from the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
4. Record shows that the petitioner has actually been booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the moment case. Although the petitioner has obtained bail in those cases, it does, prima facie, create that the petitioner is vulnerable to repeating the offence.
During the dynamic realm of legal statutes, amendments play a crucial role in adapting to evolving circumstances and strengthening the legal framework. Just one this kind of notable amendment that has garnered attention would be the latest revision of Section 489-File from the Pakistan Penal Code (PPC).
record in the department there is no record accessible whatsoever regarding promotion in the petitioner(Promotion)
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 is additionally a perfectly-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 reach 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 from the Stricto-Sensu, use 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 on the charge, however, that is topic towards the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings around the evidence.
73 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Bearing on 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 can be dismissed. This is because service in the grievance notice can be a mandatory prerequisite and also a precondition for filing a grievance petition. The regulation requires that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. When the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
The Court thought of the case to generally be maintainable under Article 184 (three) Considering that the Risk and encroachment alleged were which include to violate the constitutional right to life when interpreted expansively.
P.C. Liability of petitioners for the reported offences would be determined via the figured out trial Court after sifting the evidentiary well worth of your material created before the same. Till then, case of
2. I have read the acquired counsel with the parties along with realized DPG at length, perused the record and noticed that:-
In certain jurisdictions, case legislation may be applied to ongoing adjudication; for example, criminal proceedings or family law.
PACER allows any person with an account to search and Identify appellate, district, and bankruptcy court case and docket information. Register to get a PACER account.
However, here it’s essential to note that the application of your death penalty is matter to several legal safeguards and because of process to make certain fair trials.
Though the death penalty is irreversible, life imprisonment allows for the possibility of reconsideration or commutation from the sentence in certain circumstances.