5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
101 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it can be handy for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to eliminate a case on advantage and more importantly when after recording of evidence it has attained into a stage of final arguments, endeavors should be made for benefit disposal when it has arrived at these types of stage. Read more
four. It's been noticed by this Court that there is really a delay of in the future from the registration of FIR which has not been explained by the complainant. Moreover, there is not any eye-witness with the alleged incidence along with the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners has long been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram occurred being the real brothers with the deceased but they did not respond in the slightest degree to the confessional statements of your petitioners and calmly noticed them leaving, just one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation regarding why her arrest was not effected after making with the alleged extra judicial confession. It has been held on so many instances that extra judicial confession of the accused is really a weak type of evidence which can be manoeuvred through the prosecution in any case where direct connecting evidence does not occur their way. The prosecution can be relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word regarding presence of some light in the place, where they allegedly noticed the petitioners together with a motorcycle at 4.
Deterrence: The panic of severe repercussions, such as capital punishment, is meant to prevent likely criminals from committing murder. This deterrent effect is essential in reducing the incidence of intentional killings.
lengthy period petitioner was not viewed as for promotion, meeting of your departmental promotion committee and think about the petitioner (Promotion)
The recent amendment to Section 489-File 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 law with contemporary challenges.
The reason for this difference is that these civil legislation jurisdictions adhere to the tradition that the reader should manage to deduce the logic from the decision as well as statutes.[four]
The appellant should have remained vigilant and raised his challenge to your Judgment within time. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it demands legal transfer of title. Agreement to sell must be generated and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent as well as the case under appeal, perhaps overruling the previous case legislation by setting a different precedent of higher authority. This may well occur several times given that the case works its way through successive appeals. Lord Denning, first with the High more info Court of Justice, later in the Court of Appeal, provided a famous example of this evolutionary process in his development from the concept of estoppel starting within the High Trees case.
In a few jurisdictions, case law may be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
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 out fixation are not entertainable for that reasons that these types of matters are typically handled by administrative or service tribunals, as well as the legal grounds for this petition are insufficient therefore this petition is dismissed, which entails disputed claims and counterclaims on the subject post, therefore this court will not be in a very position to dilate upon this sort of disputes in constitutional jurisdiction. Read more
dismissed as not pressed and sentences awarded on the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )