5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
Blog Article
Article 199 in the Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It truly is well-settled that an aggrieved person must exhaust obtainable 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
While the punishment might be severe, its purpose is not really solely to seek vengeance but to deter likely offenders and copyright the principles of justice and social order.
A survey of PACER users, conducted in 2021, measured person satisfaction and determined areas for improvement with PACER services. The Administrative Office from the U.S. Courts is using the survey results To guage and prioritize long term changes to PACER services and functions.
Deterrence: The dread of severe outcomes, like capital punishment, is meant to prevent opportunity criminals from committing murder. This deterrent effect is vital in reducing the prevalence of intentional killings.
record in the department there is no record accessible whatsoever regarding promotion with the petitioner(Promotion)
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved from the disciplinary authority is based on no evidence. If the conclusion or finding is including no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or perhaps the finding and mold the relief to really make it correct to the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we've been fortified by the decision in the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Where there are several members of the court deciding a case, there may very well be just one or more judgments presented (or reported). Only the reason to the decision from the majority can represent a binding precedent, but all can be cited as persuasive, or their reasoning can be adopted within an argument.
six. Mere involvement inside a heinous offence is not any ground for refusing bail to an accused who otherwise becomes entitled for your concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, considering the fact that then he is powering the bars, He's previous non-convict, never involved in almost any case, investigation qua him is complete, his person isn't any more needed for further investigation, therefore, his continual incarceration would not serve any valuable purpose at this stage.
The prosecution presented substantial evidence, such as eyewitness testimonies and expert forensic analysis, confirming the copyright nature from the seized currency.
Justia – an extensive resource for federal and state statutory laws, and case legislation at both the federal and state levels.
Should the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't had a possibility to answer the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only done If your employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence plus the petitioner company responded to the allegations as a result they were nicely aware of the allegations click here and led the evidence as a result this point is ofno use to be looked into in constitutional jurisdiction at this stage. Read more
She did note that the boy still needed in depth therapy in order to cope with his abusive past, and “to reach the point of being Safe and sound with other children.” The boy was receiving counseling with a DCFS therapist. Again, the court approved on the actions.
13309-B of 2010 to be weak types of evidence plus the evidentiary value whereof would be noticed within the time from the trial. The investigation of this case has already been finalized and, So, confirmed custody on the petitioner in jail is unlikely to serve any valuable purpose at this stage.”
This section specifically relates to civil servants who will be rendered surplus because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, are certainly not issue to the provisions from the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the employing organization. Therefore, the provisions of Section 11-A, including the possibility of being posted to another department, would not apply to non-civil servants. Read more