5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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101 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it is handy for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to get rid of a case on benefit and more importantly when after recording of evidence it's got achieved to the stage of final arguments, endeavors should be made for advantage disposal when it's attained these kinds of stage. Read more
four. It has been noticed by this Court that there is actually a delay of at some point within the registration of FIR which has not been explained with the complainant. Moreover, there is not any eye-witness of your alleged prevalence and also the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners is tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram occurred to become the real brothers of the deceased but they didn't respond in the least into the confessional statements in the petitioners and calmly saw them leaving, one 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation regarding why her arrest wasn't effected after making from the alleged extra judicial confession. It's been held on countless events that extra judicial confession of the accused is often a weak variety of evidence which can be manoeuvred from the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution is usually depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word as to presence of some light with the place, where they allegedly observed the petitioners jointly on the motorcycle at four.
maintaining the conviction awarded into the appellant reduce the sentence of the appellant from imprisonment for life to 1 already undergone(Pakistan Penal Code)
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is anticipated that the persons obtaining their character earlier mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is a condition check here precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to complete away with the candidature with the petitioner. Read more
The recent amendment to Section 489-File of the Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the regulation with contemporary challenges.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice with the loss of the life. It allows the legal system to impose a proportional punishment within the offender, guaranteeing They can be held accountable for their actions.
The Court regarded the case to generally be maintainable under Article 184 (three) Because the Hazard and encroachment alleged were for instance to violate the constitutional right to life when interpreted expansively.
Online access to the case management system with the Court of Appeals of Virginia. Cases might be searched using name or case number.
Please note, If you're seeking a price exemption from a single court and/or for non-research purposes, contact that court directly.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion is definitely the vested right of the civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for starting to be entitled to generally be regarded for promotion to a higher quality, of course, is not without logic as the officer who is to begin with inducted to your particular post needs to provide to the explained post to gain experience to hold the next higher post and to serve the public in the befitting way.
It's also important to note that granting of seniority into a civil servant without the actual size of service pretty much violates the whole service construction for a civil servant inducted in Quality seventeen by claiming this kind of benefit without any experience be directly posted in any higher grade, which is neither the intention with the legislation nor on the equity. Read more