About case laws on partial partition of joint properties
About case laws on partial partition of joint properties
Blog Article
77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 on the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
Due to the recent amendment, the court imposed a more severe sentence than would have been possible under the previous version of your legislation.
four. Record shows that the petitioner has actually been booked in as much as 8 criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the moment case. Despite the fact that the petitioner has obtained bail in Individuals cases, it does, prima facie, set up that the petitioner is prone to repeating the offence.
This unfortunate ambiguity results while in the regulation regarding murder and manslaughter to become repugnant with Each and every other.
3. I have listened to the learned counsel to the parties and have absent through the record of this case with their ready assistance.
The ICAP Staff Service Rules, 2011 were framed with the respondent/Institute, these rules might not have the operates within a transparent legal and regulatory framework of your respondent/Institute. fourteen. In view of what has long been discussed over, without touching the merits on the case, the preliminary objection regarding the maintainability on the petition is sustained along with the petition is held to get not maintainable in terms of Article 199 with the Constitution for your reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of your judgment passed from the Supreme Court within the case of Pakistan Electric Power Company supra. Read more
The Court considered the case to become maintainable under Article 184 (3) since the Threat and encroachment alleged were for instance to violate the constitutional right to life when interpreted expansively.
In federal or multi-jurisdictional regulation systems there may well exist conflicts between the different reduce appellate courts. Sometimes these differences will not be resolved, and it might be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
I) The above mentioned referred case FIR, with the murder of deceased namely Muhammad Sajjad, was registered over the complaint of Muhammad Sharif son of Ghulam Farid that is father with the petitioner and as per story of FIR, the petitioner can be an eyewkness from the incidence.
Finally, a vital contribution of this case which was accepted for click here consideration through the Court under Article 184 (3), is setting a precedent which allows for much much easier access to your public to tactic the superior courts along with the subordinate courts on environment related issues.
The case of *R v. Ahmed* exemplifies the practical application of this amendment and its prospective to safe economic interests and maintain the integrity of your national currency. As legal practitioners and citizens, a comprehensive grasp of those changes is important for upholding the principles of justice and contributing to a sturdy legal system.
However, it’s essential to note that the application on the death penalty is matter to several legal safeguards and because of process to be sure fair trials.
The Roes accompanied the boy to his therapy sessions. When they were told of your boy’s past, they asked if their children were Protected with him in their home. The therapist assured them that that they had very little to fret about.