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Showing posts from June 19, 2024

Case law on application of condonation of delay .

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Condonation of delay application  In this case, the plaintiff's case was dismissed by the Civil Court. Instead of appealing to the High Court, the plaintiff appealed to the District Court, which took about a year and was eventually returned. The plaintiff then tried to exclude this time period from the appeal to the High Court. The court held that following legal timelines isn't just a technicality; it's essential. The Limitation Act doesn't excuse carelessness. The plaintiff's request to exclude the time spent in the wrong forum was dismissed. The case details are from R.F.A. No.51 of 2023, Ayaz Mehmood vs. Musadaq Riaz and 2 others, 2024 CLC 357. Application for enlargement of time by excluding the time period of pursuing the case before wrong forum / Court --- Condonation of delay --- " Sufficient cause " --- Suit instituted by the plaintiff ( appellant ) was dismissed by the Civil Court , however , Instead of filing appeal before the High Court , he fi...

High court case law , details discussion on Definition and scope of treason criminal (406).

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خیانت مجرمانہ (406) کی تعریف اور سکوپ The concept of trust envisages that one person  (the settlor) while relying upon another person (the trustee) and reposing special confidence in him commits property to him. There is a fiduciary relationship between the two in law. Section 405 PPC defines criminal breach of trustm The essential ingredients of criminal breach of trust under section 405 PPC are:  (i) the accused must be entrusted with property or dominion over it; and  (ii) he must have dishonestly misappropriated the property or converted it to his own use or disposes it of in violation of any trust or willfully suffers any other person to do so.  The offence of criminal breach of trust resembles the offence of embezzlement under the English law. The punishment for ordinary cases is provided in section 406 PPC but there are aggravated forms of the offence also which are dealt with under section 407 to 409 PPC.   The first condition mentions three importa...