Not known Factual Statements About how cases are handled that are not mentioned in law
Not known Factual Statements About how cases are handled that are not mentioned in law
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لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
a hundred and one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it can be handy for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to dispose of a case on advantage and more importantly when after recording of evidence it has attained to your stage of final arguments, endeavors should be made for advantage disposal when it has attained these kinds of stage. Read more
four. It's been noticed by this Court that there is a delay of sooner or later in the registration of FIR which has not been explained via the complainant. Moreover, there is no eye-witness from the alleged prevalence as well as the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners continues to be 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 transpired to generally be the real brothers from the deceased but they didn't respond whatsoever for the confessional statements in the petitioners and calmly observed them leaving, one 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 appear much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation as to why her arrest was not effected after making from the alleged extra judicial confession. It's been held on a lot of events that extra judicial confession of an accused is actually a weak sort of evidence which could possibly be manoeuvred with the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution can be counting 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 as to existence of some light in the place, where they allegedly saw the petitioners with each other on a motorcycle at four.
The former means “guilty act” along with the latter means “guilty mind.” With the omission of the intention, the commission in the act by yourself is just not adequate to gain a conviction for that crime. This is often a standard principle that all law students are very well acquainted with.
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is definitely the principle by which judges are bound to these types of past decisions, drawing on recognized judicial authority to formulate their positions.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a fashion 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 through the disciplinary authority is based on no evidence. If your conclusion or finding is for instance no reasonable person would have ever achieved, the Court might interfere with the summary or the finding and mould the relief to really make it ideal on 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-value the evidence or the nature of punishment. About the aforesaid proposition, we've been fortified through the decision from the Supreme Court within 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 Specified the legal analysis on the topic issue, we're with the view that the claim of the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle will not be legally audio, In addition to promotion and seniority, not absolute get more info rights, They can be topic to rules and regulations In case the recruitment rules of the topic post permit the case of your petitioners for promotion could be regarded, however, we are apparent within our point of view that contractual service cannot be regarded for seniority and promotion because the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Conditioning, subject matter to availability of vacancy matter towards the approval of the competent authority. Read more
Upholding Justice: The application on the regulation and also the subsequent punishment on the guilty party give a sense of closure and justice on the sufferer’s family and loved kinds.
department concerned shall offer the complete set of ACRs with the concerned officer to DPC well in advance cases for promotin(Promotion)
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when The essential norm underlying a Constitution disappears as well as a new system is set in its place.
Whoever, with the intention of causing death OR with the intention of causing bodily injury into a person, by accomplishing an act which during the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently harmful that it must in all probability cause death, causes the death with the this sort of person, is alleged to commit qatl-i-amd/murder”
In order to preserve a uniform enforcement from the laws, the legal system adheres into the doctrine of stare decisis
competent authority has determined the eligibility in the private respondents and found them to be in shape for promotion. CP dismissed(Promotion)