5 Simple Techniques For constructive trusts case law

5 Simple Techniques For constructive trusts case law

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“There is no ocular evidence to show that Muhammad Abbas was murdered by any on the present petitioners. Mere fact that Noor Muhammad and Muhammad Din saw firstly the deceased and after some distance they observed the petitioners going towards the same direction, did not signify that the petitioners were chasing the deceased or were accompanying him. These types of evidence cannot be treated as evidence of very last seen.

The court emphasised that in cases of intentional murder, the gravity on the offense demands the most stringent punishment, taking into consideration the sanctity of human life and deterrence for potential offenders.

Capital Punishment: Section 302 PPC offers for that death penalty as being the primary form of punishment for intentional murder. The offender could be sentenced to death as retribution for taking the life of another human being unlawfully.

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Previous four tax years interpreted. It isn't from the date of finalisation of audit but from the tax year involved. Read more

This is because transfer orders are typically considered within the administrative discretion of your employer. However, there could be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the right forum. Read more

The reason for this difference is that these civil law jurisdictions adhere into a tradition that the reader should be able to deduce the logic from the decision along with the statutes.[four]

Upholding Justice: The application of the regulation as well as subsequent punishment in the guilty party provide a feeling of closure and justice to your sufferer’s family and loved ones.

thirteen. The Supreme Court has held that as soon as the act of misconduct is founded as well as the employee is found guilty after thanks process of law, it is the prerogative click here with the employer to decide the quantum of punishment, away from the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness with the act of misconduct will not be adequate but the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful manner. Read more

When the petitioner is just present in the place of prevalence without causing any injury into the deceased or PWs then in this sort of circumstances, whether he is vicariously liable shall be decided with the uncovered trial Court after recording in the evidence.

Using keywords effectively is also essential. Take into account using synonyms and variations of your keywords to make sure you capture all relevant results. Understanding the citation system used by Pakistani courts will also help you pinpoint specific cases.

To invoke section three hundred and 302 just because death has occurred is the most significant tragedy of all. It does the precise opposite of what a legal system is there to try and do, i.e. protected its citizens.

It also addresses the limitation period under Article ninety one and one hundred twenty from the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. 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 )