5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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Article 199 from the Constitution allows High Court intervention only when "no other sufficient remedy is provided by law." It really is properly-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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V) During investigation, the Investigating Officer concluded that hearth-arm injury which was fatal into the deceased was caused by the petitioner but in support of opinion in the Investigating Officer no iota of evidence is on the market about the file and mere ipsi dixit of police isn't binding within the Court.
Section 302 with the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to work as a deterrent and copyright the value of human life. The application on the death penalty or life imprisonment depends around the specifics of each and every case, including any extenuating circumstances or mitigating factors.
The Pakistan Penal Code (PPC) is a comprehensive piece of legislation that defines numerous criminal offenses and prescribes corresponding punishments for people found guilty.
82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 on the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Following the decision, NESPAK, as directed, conducted an assessment on the grid project and submitted that sufficient mitigation measures were in place to render any prospective read more adverse impacts negligible. Based on this, the grid station was permitted being created.
There are innumerable instances where death was never meant – even more where All those nominated during the FIR were not present when the injury or death occurred. The death of a human being is actually a tragic event. Even so the death of any residing being isn't any a lot less a tragic event.
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In simple terms, the section states that any person who commits intentional murder shall be subjected to your death penalty or life imprisonment, along with a possible fine.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses like self-defense, insanity, or accidental killing, which may possibly end in reduced charges or acquittal.
10. Without touching the merits in the case on the issue of yearly increases within the pensionary emoluments with the petitioner, in terms of policy decision of the provincial government, this kind of yearly increase, if permissible in the case of employees of KMC, needs further assessment to become made by the court of plenary jurisdiction. KMC's reluctance on account of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to your healthy environment. This decision is particularly significant as there are not any specific provisions in the Pakistani Constitution regarding environmental protection. In relation to environmental law in Pakistan, it can be important that the case founded the application of the precautionary principle where there is a risk to environmental rights, and emphasized the positive obligations with the State in protecting the right to some clean and healthy environment.
The decision further directed the government of Pakistan to determine a commission of internationally known and identified researchers to review and rule on long term grid station projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power traces.