5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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Due to the recent amendment, the court imposed a more severe sentence than would have been achievable under the previous Model in the regulation.
Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), and the petitioners may possibly find remedies through the civil court process as discussed supra. Read more
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139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the subject issue, we have been on the view that the claim of your petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle just isn't legally seem, Aside from promotion and seniority, not absolute rights, They may be matter to rules and regulations When the recruitment rules of the subject post permit the case on the petitioners for promotion can be deemed, however, we've been distinct within our point of view that contractual service cannot be considered for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Exercise, subject matter to availability of vacancy subject on the approval of your competent authority.
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148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the subject issue, we are on the view that the claim in the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle will not be legally seem, besides promotion and seniority, not absolute rights, These are subject to rules and regulations In case the recruitment rules of the topic post allow the case in the petitioners for promotion might be regarded as, however, we're obvious within our point of view that contractual service cannot be regarded as for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Physical fitness, subject matter to availability of vacancy subject matter into the approval with the competent authority. Read more
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
department concerned shall present the complete list of ACRs from the concerned officer to DPC properly in advance cases for promotin(Promotion)
When the petitioner is just present in the place of occurrence without causing any injury into the deceased or PWs then in this kind of circumstances, whether he is vicariously liable shall be decided via the figured out trial Court after recording with the evidence.
In the event the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not had a chance to answer the grievance and attempt to resolve it. In a few cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only more info accomplished In the event the employee can show that they'd a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to lead evidence and the petitioner company responded towards the allegations therefore they were very well conscious of the allegations and led the evidence as such this point is ofno use being appeared into in constitutional jurisdiction at this stage. Read more
Article 199 in the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It truly is properly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and also the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release like a legally identified conviction. Read more
Pakistan’s legal system is just not without flaws: overhauling is overdue and also the law regarding murder demands serious reconsideration and clarification. For your time being, the least that can be done is to ensure that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.