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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77 . 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 on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.

Delay in recording confessional statement will not be treated fatal to the case of prosecution(Murder Trial)

These lists are sorted chronologically by Chief Justice and consist of all notable cases decided by the court. Articles exist for almost all cases.

competent authority and when any appeal or representation is filed the same shall be decided(Promotion)

R.O, Office, Gujranwala and the police officials didn't inform him that the identification parade of your accused has not been conducted yet. In the moment case, now the accused attempted to just take advantage of the program aired by SAMAA News, wherein the image from the petitioner was widely circulated. The police should not have exposed the identity with the accused through electronic media. The legislation lends assurance to the accused that the identity should not be subjected to the witnesses, particularly for the witness to discover the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and produced shots. Other than, the images shown about the media expose that a mask was not placed over the accused to cover his identity right up until he was set up for an identification parade. Making pictures from the accused publically, either by showing the same to your witness or by publicizing the same in any newspaper or application, would create doubt inside the proceedings in the identification parade. The Investigating Officer has to ensure that there isn't any opportunity with the witness to see the accused before going for the identification parade. The accused should not be shown into the witness in person or through any other mode, i.e., photograph, video-graph, or perhaps the push or electronic media. Given 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.

82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of your Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.

Following the decision, NESPAK, as directed, conducted an assessment of your grid project and submitted that adequate mitigation measures were in place to render any potential adverse impacts negligible. Based on this, the grid station was permitted to get constructed.

There are many situations where death was never supposed – even more where These nominated during the FIR were not present when the injury or death occurred. The death of the human being is actually a tragic event. However the death of any dwelling being isn't any much less a tragic event.

thirteen. case law pdf download The Supreme Court has held that when the act of misconduct is established as well as employee is found guilty after owing process of law, it is the prerogative with the employer to decide the quantum of punishment, away from the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness in the act of misconduct is not ample but the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful fashion. Read more

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when The fundamental norm underlying a Constitution disappears along with a new system is set in its place.

Case law, also known as precedent, forms the foundation of your Pakistani legal system. Understanding relevant judgments and rulings is crucial for interpreting statutes and predicting legal outcomes. Free access to these resources democratizes legal knowledge, empowering citizens and marketing transparency.

Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Except if case is tried out(Bail Matters)

Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It could be used to guide the court, but just isn't binding precedent.

It is additionally important to note that granting of seniority to your civil servant without the actual length of service practically violates your complete service structure being a civil servant inducted in Quality seventeen by claiming this sort of benefit without any experience be directly posted in any higher quality, which is neither the intention of your regulation nor from the equity. Read more