5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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However, within an effort to strike a balance between the rights of citizens along with the plans that are executed from the authorities for your welfare, financial progress and prosperity with the nation, the Court didn't produce a definitive ruling about the pending construction with the grid station, but, with the consent of both parties, ordered a review and report of grid project because of the National Engineering Services of Pakistan (NESPAK) to advise alterations and location alternatives.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative from the law laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority from the parent department from the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and pay the pension amount and other ancillary benefits towards the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority of your respondent is additionally directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment over the grounds of extenuating circumstances. The court acknowledged that while the crime of murder was recognized, the offender experienced a history of mental illness, which played a significant role in committing the offense. This case established a precedent for thinking of mitigating factors during sentencing.
maintaining the conviction awarded for the appellant reduce the sentence of your appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
It is now well-settled that considerations for pre-arrest and post-arrest bail are thoroughly different, therefore, in our view the learned Judge had fallen in error to cancel the bail allowed to petitioner via the same Additional Sessions Judge.”
The recent amendment to Section 489-F of your 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 legislation with contemporary challenges.
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 Pertaining to the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition is often dismissed. This is because service of your grievance notice is really a mandatory necessity plus a precondition for filing a grievance petition. The law needs that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. If your employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
Electronic and paper court records retained in the court site is usually viewed with the courthouse for free, however there can be a price of 10 cents for every page to print from a public access terminal.
department concerned shall present the complete list of ACRs of your concerned officer to DPC nicely in advance cases for promotin(Promotion)
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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:Presented the legal analysis on the topic issue, we are on the view that the claim from the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle is not really legally sound, Aside from promotion and seniority, not absolute rights, They are really topic to rules and regulations In case the recruitment rules of the subject post allow the case of your petitioners for promotion could possibly get more info be deemed, however, we have been crystal clear inside our point of view that contractual service cannot be regarded as for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, subject matter to availability of vacancy subject matter to your approval of your competent authority.
To invoke section 300 and 302 just because death has occurred is the most important tragedy of all. It does the exact opposite of what a legal system is there to perform, i.e. safe its citizens.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release being a legally identified conviction. Read more
It's also important to note that granting of seniority to a civil servant without the actual duration of service nearly violates the entire service composition as a civil servant inducted in Quality 17 by claiming such benefit without any experience be directly posted in any higher quality, which is neither the intention from the regulation nor in the equity. Read more