5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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“There is not any ocular evidence to show that Muhammad Abbas was murdered by any from the present petitioners. Mere fact that Noor Muhammad and Muhammad Din observed firstly the deceased and after a long way they noticed the petitioners going towards the same direction, did not suggest that the petitioners were chasing the deceased or were accompanying him. Such evidence cannot be treated as evidence of past witnessed.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, it is also a nicely-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 the fact or evidence during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is topic into the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings within the evidence.
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Rulings by courts of “lateral jurisdiction” aren't binding, but may very well be used as persuasive authority, which is to offer substance to the party’s argument, or to guide the present court.
criminal revision application is dismissed. reduced to the period of his detention in jail he has already undergone(Criminal Revision )
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained by the disciplinary authority is based on no evidence. In case the summary or finding is like no reasonable person would have ever achieved, the Court might interfere with the conclusion or maybe the finding and mold the relief to really make it suitable for the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or maybe the nature of punishment. On the aforesaid proposition, we have been fortified with the decision with the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The ruling on the first court created case regulation that must be accompanied by other courts till or unless possibly new regulation is created, or perhaps a higher court rules differently.
There are a great number of circumstances where death was never meant – even more where Individuals nominated in the FIR were not present when the injury or death occurred. The death of a human being is often a tragic event. Even so the death of any residing being is no less a tragic event.
Online access for the case management system to the Court of Appeals of Virginia. Cases could possibly be searched using name or case number.
two. I have read the acquired counsel to the parties and also figured out DPG at duration, perused the record and noticed that:-
[3] For example, in England, the High Court as well as Court of Appeals are Each and every bound by their own previous decisions, however, Considering that the Practice Statement 1966 the Supreme Court in the United Kingdom can deviate from its earlier decisions, although in practice it not often does. A notable example more info of when the court has overturned its precedent will be the case of R v Jogee, where the Supreme Court of your United Kingdom ruled that it and the other courts of England and Wales experienced misapplied the legislation for just about thirty years.
Should the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't experienced a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only performed Should the employee can show that that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence as well as petitioner company responded to your allegations as a result they were effectively aware of the allegations and led the evidence as such this point is ofno use to be seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory legislation, which are set up by executive organizations based on statutes.