5 Simple Techniques For constructive trusts case law
5 Simple Techniques For constructive trusts case law
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refers to some landmark case decided by the Supreme Court of Pakistan in 2012. Here’s a brief overview:
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Life imprisonment is surely an alternative into the death penalty. In this sort of cases, the convicted person is sentenced to spend the remainder of their natural life guiding bars.
While in the dynamic realm of legal statutes, amendments Perform an important role in adapting to evolving circumstances and strengthening the legal framework. A single this sort of notable amendment that has garnered attention may be the latest revision of Section 489-F of your Pakistan Penal Code (PPC).
R.O, Office, Gujranwala as well as police officials did not inform him that the identification parade from the accused hasn't been conducted nonetheless. In the moment case, now the accused tried to take advantage of This system aired by SAMAA News, wherein the picture from the petitioner was commonly circulated. The police should not have uncovered the identity in the accused through electronic media. The legislation lends assurance towards the accused that the identity should not be subjected to the witnesses, particularly for that witness to determine the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and produced photos. In addition to, the images shown over the media reveal that a mask wasn't placed over the accused to hide his identity until finally he was set up for an identification parade. Making photos on the accused publically, both by showing the same towards the witness or by publicizing the same in almost any newspaper or system, would create doubt during the proceedings on the identification parade. The Investigating Officer has to make certain that there is not any possibility for your witness to see the accused before going to your identification parade. The accused should not be shown towards the witness in person or through any other manner, i.e., photograph, video-graph, or perhaps the press or electronic media. Specified the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
The case addresses A selection of issues like, environmental protection, and an expansive interpretation on the right to life.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed here a notice and comment restriction on government companies in regards to projects that could most likely pose a public risk. This case can also be noteworthy, “because it laid down the foundations of all long run public interest litigation introduced before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination can be a right to life itself.
In almost any society, the enforcement of regulation and order is essential to maintain peace and protect its citizens. One of many most really serious crimes that can disrupt this harmony is murder. In Pakistan, Section 302 of the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is vital to guarantee justice prevails.
9. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
2. I have read the discovered counsel to the parties and learned DPG at duration, perused the record and observed that:-
Finally, an important contribution of this case which was accepted for consideration from the Court under Article 184 (three), has actually been setting a precedent which allows for much easier access towards the public to strategy the superior courts along with the subordinate courts on environment related issues.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling over the same variety of case.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to the healthy environment. This decision is particularly significant as there aren't any specific provisions during the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it is actually important that the case proven the application of the precautionary principle where there is really a menace to environmental rights, and emphasized the positive obligations in the State in protecting the right to a clean and healthy environment.
dismissed as not pressed and sentences awarded to your appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )