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 instant Petition under Article 199 of your Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
However, In the event the same person were charged with section 300 and 302, their defence that they never intended to eliminate the person – and that They simply wanted to injure them or incapacitate them –, will fall short, given that the elements from the offence only need the intent to cause injury being proven, not the intention to cause death.
4. It's been noticed by this Court that there can be a delay of one day within the registration of FIR which hasn't been explained from the complainant. Moreover, there isn't any eye-witness in the alleged occurrence as well as prosecution is relying 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 these namely Ghulam Dastigir and Mohammad Akram happened for being the real brothers on the deceased but they didn't respond in any way towards 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is not any explanation as to why her arrest was not effected after making from the alleged extra judicial confession. It's been held on so many instances that extra judicial confession of an accused is usually a weak variety of evidence which may very well be manoeuvred by the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is additionally relying on the evidence of Murid Hussain and Muhammad Afzal which check here is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word regarding existence of some light on the place, where they allegedly observed the petitioners together on a motorcycle at four.
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؟
Previous 4 tax years interpreted. It's not necessarily from the date of finalisation of audit but from the tax year involved. Read more
The case addresses An array of issues which include, environmental protection, and an expansive interpretation with the right to life.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice to the loss of the life. It allows the legal system to impose a proportional punishment to the offender, making sure They may be held accountable for their actions.
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................
P.C. Liability of petitioners to the explained offences would be determined with the uncovered trial Court after sifting the evidentiary worthy of on the material generated before the same. Till then, case of
two. I have heard the uncovered counsel to the parties along with realized DPG at length, perused the record and noticed that:-
Alternative Punishment: In certain cases, the court may perhaps have the discretion to award life imprisonment being an alternative to your death penalty. Life imprisonment involves the offender spending the rest of their life powering bars without the possibility of parole or early release.
[3] For example, in England, the High Court and also the Court of Appeals are Each individual bound by their own previous decisions, however, since the Practice Statement 1966 the Supreme Court with the United Kingdom can deviate from its earlier decisions, Whilst in practice it hardly ever does. A notable example of when the court has overturned its precedent would be the case of R v Jogee, where the Supreme Court on the United Kingdom ruled that it along with the other courts of England and Wales had misapplied the law for approximately thirty years.
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay out fixation are usually not entertainable for your reasons that this sort of matters are typically handled by administrative or service tribunals, and the legal grounds for this petition are insufficient as a result this petition is dismissed, which will involve disputed claims and counterclaims on the subject post, therefore this court will not be within a position to dilate upon these types of disputes in constitutional jurisdiction. Read more
dismissed as not pressed and sentences awarded on the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )