The Basic Principles Of what is the purpose of case law
The Basic Principles Of what is the purpose of case law
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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 from the Constitution based over 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 in 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 utilize Section 302, emphasizing the importance of the fair and just legal system. It is essential for society to understand the gravity of this offense as well as the need for stringent punishment to prevent potential offenders and ensure justice to the victims and their family members.
four. It's been noticed by this Court that there is a delay of in the future in the registration of FIR which hasn't been explained through the complainant. Moreover, there is not any eye-witness of your alleged event plus the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has long been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram occurred to generally be the real brothers from the deceased but they didn't respond at all for the confessional statements with the petitioners and calmly saw them leaving, just 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 look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation regarding why her arrest wasn't effected after making in the alleged extra judicial confession. It's been held on a lot of occasions that extra judicial confession of an accused is often a weak variety of evidence which might be manoeuvred via 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 presence of some light for the place, where they allegedly noticed the petitioners jointly with a motorcycle at four.
Inside the dynamic realm of legal statutes, amendments Perform an important role in adapting to evolving circumstances and strengthening the legal framework. A person these notable amendment that has garnered attention will be the latest revision of Section 489-File from the Pakistan Penal Code (PPC).
Previous four tax years interpreted. It's not at all from the date of finalisation of audit but from the tax year involved. Read more
In this website post, we will delve into the details of Section 302 PPC, Discovering its provisions as well as the gravity of its punishment.
In this case, the Supreme Court of Pakistan upheld the death penalty for that accused who intentionally murdered the target.
Upholding Justice: The application in the regulation and the subsequent punishment on the guilty party give a sense of closure and justice towards the target’s family and loved kinds.
The regulation as established in previous court rulings; like common law, which springs from judicial decisions and tradition.
two. I have read the figured out counsel to the parties in addition to discovered DPG at duration, perused the record and noticed that:-
The DCFS social worker in charge in the boy’s case had the boy made a ward of DCFS, As well as in her six-month report to your court, the worker elaborated around the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
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؟
In order to preserve a uniform enforcement in the laws, the legal system adheres for the doctrine of stare decisis
P.C. for grant of post arrest bail should even be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are absolutely different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held with the august Supreme Court of Pakistan as click here under:--