Examine This Report on case law on section 395 ppc convictions
Examine This Report on case law on section 395 ppc convictions
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“There is not any ocular evidence to show that Muhammad Abbas was murdered by any of your present petitioners. Mere fact that Noor Muhammad and Muhammad Din noticed firstly the deceased and after far they observed the petitioners going towards the same direction, did not necessarily mean that the petitioners were chasing the deceased or were accompanying him. These kinds of evidence cannot be treated as evidence of last witnessed.
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 essential for society to understand the gravity of this offense and also the need for stringent punishment to prevent probable offenders and be certain justice for your victims and their people.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in the manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached because of the disciplinary authority is based on no evidence. Should the conclusion or finding is such as no reasonable person would have ever reached, the Court may well interfere with the summary or the finding and mildew the relief to really make it acceptable on the facts of each case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or the nature of punishment. On the aforesaid proposition, we've been fortified because of the decision from the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This unfortunate ambiguity results in the law regarding murder and manslaughter to be repugnant with each other.
R.O, Office, Gujranwala and also the police officials did not inform him that the identification parade with the accused has not been conducted still. In the moment case, now the accused tried to just take advantage of the program aired by SAMAA News, wherein the picture in the petitioner was greatly circulated. The police should not have uncovered the identity of the accused through electronic media. The law lends assurance on the accused that the identity should not be exposed 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 put a mask over the accused to conceal their identity and generated shots. Apart from, the images shown on the media expose that a mask was not placed over the accused to hide his identity until he was place up for an identification parade. Making photographs of your accused publically, possibly by showing the same to your witness or by publicizing the same in any newspaper or software, would create doubt inside the proceedings of your identification parade. The Investigating Officer has to guarantee that there is no possibility for your witness to see the accused before going to your identification parade. The accused should not be shown for the witness in person or through any other mode, i.e., photograph, video-graph, or perhaps the press or electronic media. Specified the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
The ICAP Staff Service Rules, 2011 were framed because of the respondent/Institute, these rules may not have the operates within a transparent legal and regulatory framework with the respondent/Institute. fourteen. In view of what has long been discussed above, without touching the merits of your case, the preliminary objection regarding the maintainability in the petition is sustained as well as petition is held being not maintainable in terms of Article 199 of the Constitution for that reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of your judgment passed through the Supreme Court in the case of Pakistan Electric Power Company supra. Read more
S. Supreme Court. Generally speaking, proper here case citation involves the names in the parties to the initial case, the court in which the case was heard, the date it absolutely was decided, and also the book in which it's recorded. Different citation requirements may consist of italicized or underlined text, and certain specific abbreviations.
There are many situations where death was never meant – even more where Those people nominated inside the FIR were not present when the injury or death occurred. The death of the human being is really a tragic event. Even so the death of any dwelling being is no fewer a tragic event.
13. The Supreme Court has held that once the act of misconduct is set up and also the employee is found guilty after owing process of law, it is the prerogative with the employer to decide the quantum of punishment, from the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness of the act of misconduct is just not suitable although the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful manner. Read more
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified when The fundamental norm underlying a Constitution disappears and a new system is place in its place.
Thus, it absolutely was held that the right to a healthy environment was part of your fundamental right to life and right to dignity, under Article nine and fourteen in the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all this kind of amenities and amenities that a person is entitled to appreciate with dignity, legally and constitutionally.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
A coalition of residents sent a letter of petition to your Supreme Court to challenge the Water and Power Growth Authority’s (WAPDA) construction of an electricity grid station in their community, on designated “green belt” property. The Court listened to the matter for a human rights case, as Article 184 (3) with the Pakistan Constitution supplies initial jurisdiction towards the Supreme Court to acquire up and determine any matter concerning the enforcement of fundamental rights of public importance.
Finding reliable free case law sites may be challenging. Numerous websites have to have subscriptions or offer limited information. This article helps you navigate the landscape of free case regulation resources in Pakistan, giving you with a curated list of reliable and accessible platforms.