5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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In addition to your primary punishment, the court may additionally impose a fine over the offender. The fine’s amount is for the discretion on the court and is intended to function an additional deterrent.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon via the prosecution against the petitioner and his above mentioned co-accused namely Hussain Bakhsh has already been opined via the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
When the state court hearing the case reviews the legislation, he finds that, while it mentions large multi-tenant properties in certain context, it truly is actually very obscure about whether the ninety-day provision relates to all landlords. The judge, based over the specific circumstances of Stacy’s case, decides that all landlords are held on the 90-day notice need, and rules in Stacy’s favor.
competent authority and if any appeal or representation is filed the same shall be decided(Promotion)
“Making sure the accuracy of legal information is paramount,” says Barrister Ayesha Khan, a leading legal expert in Lahore. “Cross-referencing information from multiple respected sources is essential for reliable legal research.”
The recent amendment to Section 489-F in 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 law with contemporary challenges.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the subject issue, we're of your view that the claim with the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle just isn't legally audio, In addition to promotion and seniority, not absolute rights, they are issue to rules and regulations Should the recruitment rules of the topic post allow the case of your petitioners for promotion could possibly be deemed, however, we have been very clear within our point of view that contractual service cannot be viewed as for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, issue to availability of vacancy matter on the approval in the competent authority. Read more
The appellant should have remained vigilant and raised his challenge to your Judgment within time. Read more
13. The Supreme Court has held that the moment the act of misconduct is founded and also the employee is found guilty after thanks process of law, it's the prerogative from the employer to decide the quantum more info of punishment, away from the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness from the act of misconduct will not be adequate though the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful way. Read more
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Case law, also known as precedent, forms the foundation of the Pakistani legal system. Understanding relevant judgments and rulings is vital for interpreting statutes and predicting legal results. Free access to those resources democratizes legal knowledge, empowering citizens and promoting transparency.
[three] For example, in England, the High Court and the Court of Appeals are Each and every bound by their own previous decisions, however, For the reason that Practice Statement 1966 the Supreme Court with the United Kingdom can deviate from its earlier decisions, Despite the fact that in practice it not often does. A notable example of when the court has overturned its precedent may be the case of R v Jogee, where the Supreme Court of the United Kingdom ruled that it as well as the other courts of England and Wales had misapplied the regulation for almost thirty years.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is nicely set up now that the provision for proforma promotion isn't alien or unfamiliar for the civil servant service framework however it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority could if content that a civil servant who was entitled to become promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service to your Federation/ province from the higher post, direct that this sort of civil servant shall be paid the arrears of pay out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
This section specifically applies to civil servants that are rendered surplus due to reorganization or abolition of the division, department, or office. Non-civil servants, by definition, usually are not matter to your provisions of the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the utilizing organization. Therefore, the provisions of Section 11-A, including the possibility of being posted to another department, would not use to non-civil servants. Read more