5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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In addition to the primary punishment, the court could also impose a fine on the offender. The fine’s amount is with the discretion of the court and is intended to function an additional deterrent.
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's also a well-set up 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is issue to your procedure provided under the relevant rules rather than otherwise, to the 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 to the evidence.
four. It's been noticed by this Court that there is often a delay of someday during the registration of FIR which hasn't been explained by the complainant. Moreover, there is no eye-witness with the alleged incidence plus the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners has long been 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 happened for being the real brothers of your deceased but they did not react in the least on the confessional statements in the petitioners and calmly noticed them leaving, a single 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 seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation concerning why her arrest was not effected after making from the alleged extra judicial confession. It's been held on countless occasions that extra judicial confession of the accused is usually a weak variety of evidence which can be manoeuvred via the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution can also be relying 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 existence of some light at the place, where they allegedly observed the petitioners with each other over a motorcycle at 4.
The convictions and sentences Upheld, as misappropriation was committed within the bank and considering that only the appellants were posted at the relevant time .(Criminal Appeal )
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the subject issue, we've been in the view that the claim from the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle just isn't legally audio, Apart from promotion and seniority, not absolute rights, They're matter to rules and regulations In the event the recruitment rules of the topic post permit the case of your petitioners for promotion might be regarded, however, we have been obvious in our point of view that contractual service cannot be regarded as for seniority and promotion since the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, matter to availability of vacancy subject to your approval from the competent authority.
With the foregoing reasons the instant suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
Petitioner possessing been declared an absconder in this case for over 1 as well as a half year generates the apprehension that the petitioner may avoid standing trial and hence delay the prosecution of the case. The material on record makes the case of your petitioner falls under two exceptions towards the rule of grant of bail as mentioned over.
Upholding Justice: The application of the legislation along with the subsequent punishment of your guilty party supply a feeling of closure and justice into the website victim’s family and loved kinds.
In 1997, the boy was placed into the home of John and Jane Roe for a foster child. Even though the couple experienced two younger children of their possess at home, the social worker didn't convey to them about the boy’s history of both being abused, and abusing other children. When she made her report on the court the following day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the couple experienced young children.
I) The above referred case FIR, for that murder of deceased namely Muhammad Sajjad, was registered around the complaint of Muhammad Sharif son of Ghulam Farid that is father of your petitioner and According to Tale of FIR, the petitioner is an eyewkness from the occurrence.
How much sway case regulation holds may perhaps change by jurisdiction, and by the exact circumstances from the current case. To discover this concept, look at the following case regulation definition.
Regardless of its popularity, hardly any could be aware of its intricacies. This article is undoubtedly an attempt to highlight the flaws of this section as well as the really low threshold that governs it.
However, it’s essential to note that the application in the death penalty is issue to several legal safeguards and thanks process to guarantee fair trials.
This section specifically relates to civil servants who are rendered surplus a result of the reorganization or abolition of the division, department, or office. Non-civil servants, by definition, are usually not subject for the provisions on the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the using organization. Therefore, the provisions of Section eleven-A, such as the possibility of being posted to another department, would not apply to non-civil servants. Read more