5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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Article 199 from the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It is well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. While in the light in the position explained above, it's concluded that a civil servant features a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the duration of service or during 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-25 Approved for Reporting WhatsApp
When the state court hearing the case reviews the regulation, he finds that, even though it mentions large multi-tenant properties in a few context, it is actually actually fairly vague about whether the 90-day provision relates to all landlords. The judge, based to the specific circumstances of Stacy’s case, decides that all landlords are held for the ninety-working day notice need, and rules in Stacy’s favor.
This unfortunate ambiguity results during the legislation regarding murder and manslaughter for being repugnant with Each individual other.
R.O, Office, Gujranwala as well as the police officials didn't inform him that the identification parade on the accused hasn't been conducted but. In the moment case, now the accused attempted to consider advantage of the program aired by SAMAA News, wherein the image of the petitioner was widely circulated. The police should not have uncovered the identity from the accused through electronic media. The law lends assurance for the accused that the identity should not be subjected to the witnesses, particularly for the witness to recognize the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and manufactured pictures. Besides, the images shown to the media expose that a mask wasn't placed over the accused to hide his identity until eventually he was set up for an identification parade. Making photos in the accused publically, either by showing the same into the witness or by publicizing the same in almost any newspaper or program, would create doubt from the proceedings of your identification parade. The Investigating Officer has to make sure that there isn't any chance for the witness to see the accused before going on the identification parade. The accused should not be shown into the witness in person or through any other manner, i.e., photograph, video-graph, or the push or electronic media. Provided the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
The case addresses A selection of issues such as, environmental protection, and an expansive interpretation of your right to life.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government organizations in regards to projects that could probably pose a public risk. This case is usually noteworthy, “because it laid down the foundations of all long term public interest litigation introduced before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found within the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination can be a right to life itself.
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This ruling has conditions, and For the reason that petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. nine. In view of the above facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more
Please note, In case you are seeking a price exemption from a single court and/or for non-research purposes, contact that court directly.
When the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced a chance to reply to the grievance check here and attempt to resolve it. In some cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only performed if the employee can show that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to lead evidence as well as petitioner company responded into the allegations therefore they were perfectly aware of the allegations and led the evidence as such this point is ofno use for being seemed into in constitutional jurisdiction at this stage. Read more
Generally speaking, higher courts usually do not have direct oversight over the lessen courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments in the decrease courts.
A coalition of residents sent a letter of petition to your 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 heard the matter for a human rights case, as Article 184 (3) of the Pakistan Constitution provides initial jurisdiction on the Supreme Court to get up and determine any matter concerning the enforcement of fundamental rights of public importance.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.