Getting My case laws 506 b ppc pre arrest bail To Work
Getting My case laws 506 b ppc pre arrest bail To Work
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seventy seven . 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 moment 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 to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
The mentioned case laws offer insights into how the courts interpret and implement Section 302, emphasizing the importance of the fair and just legal system. It really is very important for society to understand the gravity of this offense and the need for stringent punishment to deter opportunity offenders and guarantee justice for the victims and their households.
4. It has been noticed by this Court that there is a delay of sooner or later in the registration of FIR which has not been explained by the complainant. Moreover, there is no eye-witness with the alleged event plus the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession with 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 happened for being the real brothers in the deceased but they did not react in the slightest degree to the confessional statements in the petitioners and calmly observed them leaving, a person 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 search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making of the alleged extra judicial confession. It's been held on lots of instances that extra judicial confession of an accused is actually a weak form of evidence which might be manoeuvred with the prosecution in almost any case where direct connecting evidence does not come their way. The prosecution is also relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word concerning existence of some light for the place, where they allegedly noticed the petitioners alongside one another with a motorcycle at 4.
Deterrence: The panic of severe consequences, together with capital punishment, is meant to prevent probable criminals from committing murder. This deterrent effect is important in reducing the event of intentional killings.
Individual researchers working on defined research projects intended for scholarly work can utilize the hooked up form (PDF) to request PACER fee exemptions from multiple courts.
This Court might interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding achieved from the disciplinary authority is based on no evidence. Should the conclusion or finding is including no reasonable person would have ever attained, the Court may perhaps interfere with the summary or even the finding and mildew the relief to really make it ideal towards the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or maybe the nature of punishment. Around the aforesaid proposition, we have been fortified from the decision of your Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the subject issue, we have been of the view that the claim in the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle just isn't legally seem, besides promotion and seniority, not absolute rights, They're subject matter to rules and regulations Should the recruitment rules of the subject post permit the case of your petitioners for promotion might be regarded, however, we've been clear in our point of view that contractual service cannot be regarded for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy subject matter into the approval from the competent authority. Read more
The appellant should have remained vigilant and raised his challenge to the Judgment within time. Read more
Accessing free case regulation sites in Pakistan is essential for legal professionals, students, and any person seeking to understand Pakistani legal precedents.
The legislation of necessity regarded and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
How much sway case legislation holds may well differ by jurisdiction, and by the exact circumstances on the current case. To explore this concept, think about the following case law definition.
this Court is click here left with no option but to direct the respondents to inform the promotion from the petitioner in next rank .(Promotion)
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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 )