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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However, in an effort to strike a balance between the rights of citizens plus the plans that are executed via the authorities for the welfare, economic progress and prosperity in the nation, the Court didn't generate a definitive ruling over the pending construction with the grid station, but, with the consent of both parties, ordered a review and report of grid project with the National Engineering Services of Pakistan (NESPAK) to advise alterations and location alternatives.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It is usually a very well-proven proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is issue for the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to arrive at its independent findings to the evidence.
four. It's been noticed by this Court that there can be a delay of someday inside the registration of FIR which hasn't been explained by the complainant. Moreover, there is not any eye-witness from the alleged prevalence along with the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of the 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 these namely Ghulam Dastigir and Mohammad Akram took place to be the real brothers in the deceased but they did not respond whatsoever into the confessional statements from the petitioners and calmly saw them leaving, 1 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 as to why her arrest wasn't effected after making on the alleged extra judicial confession. It's been held on so many events that extra judicial confession of the accused is often a weak kind of evidence which could possibly be manoeuvred by the prosecution in any case where direct connecting evidence does not occur their way. The prosecution is likewise 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 in the place, where they allegedly noticed the petitioners collectively over a motorcycle at four.
Section 302 of your Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to act as a deterrent and copyright the value of human life. The application from the death penalty or life imprisonment depends around the specifics of each and every case, such as any extenuating circumstances or mitigating factors.
Now it is very well-settled that considerations for pre-arrest and post-arrest here bail are fully different, therefore, within our view the figured out Judge experienced fallen in error to cancel the bail allowed to petitioner with the same Additional Sessions Judge.”
This is because transfer orders are typically viewed as within the administrative discretion in the employer. However, there may very well be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the appropriate forum. Read more
be founded without an iota of doubt in all other jurisdictions) will be inferred. This is a horrifying reality, an extremely reduced threshold for an offence that carries capital punishment.
6. Mere involvement within a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled for that concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, considering that then he is driving the bars, He's previous non-convict, never involved in almost any case, investigation qua him is complete, his person isn't any more needed for further investigation, therefore, his constant incarceration would not provide any helpful purpose at this stage.
Accessing free case law sites in Pakistan is essential for legal professionals, students, and anyone seeking to understand Pakistani legal precedents.
This case continues to be cited in quite a few subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, plus the rule of law.
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؟
Whoever, with the intention of causing death OR with the intention of causing bodily injury to your person, by undertaking an act which in the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently harmful that it must in all likelihood cause death, causes the death on the these types of person, is claimed to commit qatl-i-amd/murder”
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as a legally recognized conviction. Read more
Within the United States, men and women are not necessary to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their individual can remember 1 rule of thumb when it relates to referring to case legislation or precedent in court documents: be as specific as feasible, leading the court, not only for the case, but to the section and paragraph containing the pertinent information.