New Step by Step Map For speaker production order jurisdiction case law in india

New Step by Step Map For speaker production order jurisdiction case law in india

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

Because of the recent amendment, the court imposed a more severe sentence than would have been attainable under the previous Variation from the regulation.

four.  It's been noticed by this Court that there is really a delay of one day within the registration of FIR which has not been explained through the complainant. Moreover, there isn't any eye-witness with the alleged incidence plus the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession with 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 them namely Ghulam Dastigir and Mohammad Akram occurred to be the real brothers on the deceased but they did not react at all towards the confessional statements from the petitioners and calmly saw them leaving, a person 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 is no explanation regarding why her arrest wasn't effected after making on the alleged extra judicial confession. It has been held on so many situations that extra judicial confession of the accused is actually a weak type of evidence which may be manoeuvred with the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution is also depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid latest case laws Hussain and Muhammad Afzal did not say a word as to presence of some light on the place, where they allegedly saw the petitioners together on the motorcycle at four.

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very long period petitioner was not considered for promotion, meeting on the departmental promotion committee and take into account the petitioner (Promotion)

Section 302 from the PPC deals with one of many most significant offenses in criminal law: murder. In this website post, we will delve into the provisions of Section 302, discover the punishment it involves, and evaluate some notable case laws related to this particular section.

Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice with the loss of the life. It allows the legal system to impose a proportional punishment to the offender, making certain They can be held accountable for their actions.

In fact, this provision nullifies the difference between manslaughter and murder. Section 318 on the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to a person causes death of these types of person, possibly by mistake of act or by mistake of fact is said to commit qatl-i-khata.”

Accessing free case regulation sites in Pakistan is essential for legal professionals, students, and any person seeking to understand Pakistani legal precedents.

Please note, When you are seeking a cost exemption from a single court and/or for non-research purposes, contact that court directly. 

How much sway case law holds may perhaps change by jurisdiction, and by the precise circumstances from the current case. To take a look at this concept, consider the following case legislation definition.

Generally speaking, higher courts usually do not have direct oversight over the decrease courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments of your lower courts.

However, it’s essential to note that the application from the death penalty is subject matter to several legal safeguards and owing process to be sure fair trials.

14. While in the light with the position explained over, it really is concluded that a civil servant incorporates a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded as for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more