5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
The mentioned case laws offer insights into how the courts interpret and utilize Section 302, emphasizing the importance of a fair and just legal system. It's vital for society to understand the gravity of this offense plus the need for stringent punishment to discourage probable offenders and be certain justice for the victims and their families.
four. It has been noticed by this Court that there can be a delay of one day while in the registration of FIR which hasn't been explained with the complainant. Moreover, there is not any eye-witness of the alleged occurrence and also the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram happened to get the real brothers of your deceased but they did not react in the slightest degree for the confessional statements of the petitioners and calmly noticed them leaving, 1 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 seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making in the alleged extra judicial confession. It's been held on lots of instances that extra judicial confession of an accused can be a weak type of evidence which could be manoeuvred because of the prosecution in almost any case where direct connecting evidence does not come their way. The prosecution is additionally counting 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 as to presence of some light with the place, where they allegedly observed the petitioners collectively over a motorcycle at four.
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The explained recovery could be used, at the most, for corroboration in the main evidence, but by itself it cannot more info be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The reported memo of pointation is irrelevant and inadmissible as absolutely nothing was discovered due to this sort of pointation. The place of incidence together with the place of throwing the dead body were already during the knowledge of witnesses before their pointation through the petitioners. Reliance can be placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held via the august Supreme Court of Pakistan as under:
Power to levy tax and to legislate on immovable property which includes tax on once-a-year rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
73 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Bearing on the second issue of non-service of grievance notice. Under Section 33 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition can be dismissed. This is because service on the grievance notice is a mandatory prerequisite along with a precondition for filing a grievance petition. The legislation necessitates that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. When the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) If your organization is transprovincial.
The issue Here's that an accused may well say that they meant to injure the victim, but they didn't plan to eliminate them. In other words, they may claim that thedeath that resulted due to accused’s attack was neither foreseeable nor meant.
Pakistani legal citations typically include things like the year, court, and case number. Familiarizing yourself with this format will help you swiftly Identify the cases you need. Numerous free case law websites allow you to definitely search directly using citations.
In simple terms, the section states that any person who commits intentional murder shall be subjected towards the death penalty or life imprisonment, along with a possible fine.
In some jurisdictions, case regulation can be applied to ongoing adjudication; for example, criminal proceedings or family law.
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؟
If your employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not experienced a chance to reply 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 generally only completed If your employee can show that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to lead evidence along with the petitioner company responded into the allegations as a result they were properly aware of the allegations and led the evidence as a result this point is ofno use to get seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
Although the death penalty is irreversible, life imprisonment allows to the possibility of reconsideration or commutation with the sentence in certain circumstances.