5 Simple Techniques For constructive trusts case law

The Cornell Regulation School website offers many different information on legal topics, which includes citation of case law, and in some cases offers a video tutorial on case citation.

Its enforcement with the provision of capital punishment or life imprisonment underscores the value of human life and the importance of maintaining legislation and order in society.

Therefore, this petition is found to get not maintainable and is particularly dismissed along with the pending application(s), plus the petitioners may perhaps look for remedies through the civil court process as discussed supra. Read more

Some bodies are provided statutory powers to issue guidance with persuasive authority or similar statutory effect, including the Highway Code.

Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is expected that the persons owning their character higher than board, free from any moral stigma, are being inducted. Verification of character and antecedents is really a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to complete absent with the candidature from the petitioner. Read more

For the foregoing reasons the instant suit is dismissed with no order concerning cost. Office to prepare decree in the above terms. Read more

(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government companies in regards to projects that could possibly pose a public risk. This case is likewise noteworthy, “because it laid down the foundations of all future public interest litigation brought before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found while in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is actually a right to life itself.

A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must utilize the previous court’s decision in applying the legislation. This example of case regulation refers to 2 cases listened to in the state court, on the same level.

Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it necessitates legal transfer of title. Agreement to sell must be produced and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more

VI)     The petitioner is driving the bars considering that arrest, investigation in read more the case is complete, he is no more required for your purpose of investigation and at this stage to keep him at the rear of the bars before conclusion of trial will serve no handy purpose.

In certain jurisdictions, case regulation is usually applied to ongoing adjudication; for example, criminal proceedings or family legislation.

Article 199 on the Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It is actually very well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

Because of this, merely citing the case is more prone to annoy a judge than help the party’s case. Think of it as calling anyone to inform them you’ve found their shed phone, then telling them you live in these types of-and-such neighborhood, without actually supplying them an address. Driving round the community wanting to find their phone is likely to get more frustrating than it’s well worth.

a hundred and fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance with the respondents that pensionary benefits may very well be withheld on account in the allegations leveled against the petitioner, within our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a significant crime, their pension may be withheld or reduced. In a few cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established through the government.

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