5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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5. Realized Deputy Prosecutor General as well as counsel for that complainant further argued that during the investigation from the case the petitioner Mst. Mubeena Bibi led on the recovery of sleeping capsules on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore is developed before the Court wherein the sleeping tablets were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected from the liver but not inside the belly. Hence, the recovery of explained sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Realized Deputy Prosecutor General and also counsel for that complainant have also argued that during the investigation from the case the petitioner Bhoora led for the recovery of the motorcycle.
In accordance with the EPA fee schedule, the request should be limited in scope, rather than be intended for redistribution about the internet or for commercial purposes.
4. It has been noticed by this Court that there is usually a delay of sooner or later from the registration of FIR which has not been explained with the complainant. Moreover, there is not any eye-witness from the alleged occurrence plus the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners is 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 transpired for being the real brothers on the deceased but they did not respond whatsoever for the confessional statements on the petitioners and calmly observed them leaving, 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 no explanation as to why her arrest wasn't effected after making in the alleged extra judicial confession. It's been held on so many occasions that extra judicial confession of an accused is really a weak sort of evidence which could be manoeuvred because of the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is likewise 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 concerning presence of some light with the place, where they allegedly observed the petitioners together on the motorcycle at four.
The convictions and sentences here Upheld, as misappropriation was committed in the bank and since only the appellants were posted for the relevant time .(Criminal Appeal )
It's now very well-settled that considerations for pre-arrest and post-arrest bail are thoroughly different, therefore, inside our view the acquired Judge had fallen in error to cancel the bail allowed to petitioner through the same Additional Sessions Judge.”
The recent amendment to Section 489-F of the 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 legislation with contemporary challenges.
The reason for this difference is that these civil regulation jurisdictions adhere to some tradition that the reader should have the ability to deduce the logic from the decision as well as the statutes.[4]
Upholding Justice: The application from the legislation as well as the subsequent punishment of the guilty party offer a perception of closure and justice on the sufferer’s family and loved ones.
In federal or multi-jurisdictional law systems there may well exist conflicts between the assorted lessen appellate courts. Sometimes these differences might not be resolved, and it may be necessary to distinguish how the legislation is applied in a single district, province, division or appellate department.
Therefore, this petition is found to generally be not maintainable and is dismissed along with the pending application(s), as well as petitioners may perhaps find remedies through the civil court process as discussed supra. Read more
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؟
To invoke section three hundred and 302 just because death has occurred is the largest tragedy of all. It does the exact opposite of what a legal system is there to try and do, i.e. protected its citizens.
13309-B of 2010 to be weak types of evidence and the evidentiary value whereof would be noticed with the time on the trial. The investigation of this case has already been finalized and, Consequently, confirmed custody of the petitioner in jail is not going to serve any effective purpose at this stage.”
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 with the allegations leveled against the petitioner, inside our view, section 20 on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension could 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 serious crime, their pension could possibly be withheld or reduced. In certain cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions set with the government.