5 Simple Techniques For constructive trusts case law

In addition into the primary punishment, the court can also impose a fine within the offender. The fine’s amount is on the discretion in the court and is meant to serve as an additional deterrent.

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 of your law laid down by the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority in the parent department of the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and pay out the pension amount and other ancillary benefits to the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority of your respondent is also directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

Therefore, this petition is found being not maintainable and it is dismissed along with the pending application(s), as well as the petitioners might seek out remedies through the civil court process as discussed supra. Read more

Generally, the burden rests with litigants to appeal rulings (together with those in very clear violation of recognized case regulation) into the higher courts. If a judge acts against precedent, plus the case is not appealed, the decision will stand.

94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's very well-settled that the civil servants must first pursue internal appeals within ninety days. In the event the appeal is not decided within that timeframe, he/she can then method the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety days with the department to act has already expired. Around the aforesaid proposition, we've been guided because of the decision of your Supreme Court in the case of Dr.

The case addresses a range of issues such as, environmental protection, and an expansive interpretation from the right to life.

be founded without an iota of doubt in all other jurisdictions) will be inferred. This is a horrifying reality, an incredibly very low threshold for an offence that carries capital punishment.

Electronic and paper court records retained on the court site can be viewed with the courthouse for free, however there is a payment of 10 cents for each page to print from a public access terminal.

The prosecution presented substantial evidence, like eyewitness testimonies and expert forensic analysis, confirming the copyright nature in the seized currency.

If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent plus the case under appeal, Probably overruling the previous case legislation by setting a different precedent of higher authority. This may take place several times since the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later with the Court of Appeal, provided a famous example of this evolutionary process in his progress of the concept of estoppel starting from the High Trees case.

Finally, an important contribution of this case which was accepted for consideration because of the Court under Article 184 (3), has become setting a precedent which allows for much less complicated access pld case laws on the public to strategy the superior courts and the subordinate courts on environment related issues.

Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Until case is tried using(Bail Matters)

147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay back fixation usually are not entertainable to the reasons that these kinds of matters are typically handled by administrative or service tribunals, along with the legal grounds for this petition are inadequate therefore this petition is dismissed, which involves disputed claims and counterclaims on the subject post, therefore this court is not inside of a position to dilate upon these disputes in constitutional jurisdiction. Read more

Pakistan’s legal system is not really without flaws: overhauling is overdue and the regulation regarding murder demands serious reconsideration and clarification. For the time being, the least that can be done is to be sure that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.