The Definitive Guide to contract act pakistan case law
The Definitive Guide to contract act pakistan case law
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5. Discovered Deputy Prosecutor General as well as counsel with the complainant further argued that during the investigation with the case the petitioner Mst. Mubeena Bibi led towards the recovery of sleeping tablets on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore has actually been developed before the Court wherein the sleeping tablets were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected in the liver although not during the abdomen. As a result, the recovery of said sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Learned Deputy Prosecutor General and counsel with the complainant have also argued that during the investigation of your case the petitioner Bhoora led to the recovery of the motorcycle.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative from the legislation laid down because of the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of your parent department of your petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and pay back the pension amount and other ancillary benefits into the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority with the respondent can be directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
four. It has been noticed by this Court that there is a delay of in the future while in the registration of FIR which hasn't been explained with the complainant. Moreover, there is not any eye-witness on the alleged occurrence plus the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners has become 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 took place to become the real brothers with the deceased but they did not react in the least towards the confessional statements on the petitioners and calmly observed 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 glance 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 was not effected after making in the alleged extra judicial confession. It's been held on so many events that extra judicial confession of the accused is often a weak type of evidence which could be manoeuvred via the prosecution in any case where direct connecting evidence does not arrive their way. The prosecution can be depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word regarding presence of some light within the place, where they allegedly noticed the petitioners jointly with a motorcycle at 4.
Section 302 with the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to work as a deterrent and copyright the value of human life. The application on the death penalty or life imprisonment depends about the specifics of each case, together with any extenuating circumstances or mitigating factors.
three. I have heard the acquired counsel for that parties and have gone through the record of this case with their ready assistance.
Reasonable grounds can be found around the record to attach the petitioner with the commission of your alleged offence. Nevertheless punishment of your alleged offence does not slide inside the prohibitory clause of Section 497, Cr.P.C. nevertheless discovered Deputy Prosecutor General apprises that another case of similar nature arising from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is inside the credit from the petitioner as accused, therefore, case on the petitioner falls within the exception where bail cannot be granted even within the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, advice has long been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion in the same is hereby reproduced:
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................
The issue Here's that an accused may well say that they meant to injure the target, but they didn't intend to get rid of them. In other words, they might claim that thedeath that resulted because of the accused’s attack was neither foreseeable nor supposed.
Accessing free case regulation sites in Pakistan is essential for legal professionals, students, and everyone seeking to understand Pakistani legal precedents.
Whilst quite a few websites offer free case regulation, not all are equally reliable. It’s critical To guage the credibility on the source before depending on the information.
Online access into a statewide search of adult criminal case information in the juvenile & domestic relations district courts, criminal and traffic case information in general district courts and choose circuit courts. Note: Payments cannot be made using this system.
To invoke section three hundred and 302 just because death has occurred is the biggest tragedy of all. It does the exact opposite of what a legal system is there to perform, i.e. protected its citizens.
A coalition of residents sent a letter of petition for the Supreme Court to challenge the Water and Power Enhancement Authority’s (WAPDA) construction of the electricity grid station in their neighborhood, on designated “green belt” property. The Court read the matter as being a human rights case, as Article 184 (3) in the Pakistan Constitution presents authentic jurisdiction towards click here the Supreme Court to consider up and determine any matter concerning the enforcement of fundamental rights of public importance.
Finding reliable free case legislation sites may be challenging. Many websites involve subscriptions or offer limited information. This article helps you navigate the landscape of free case legislation resources in Pakistan, offering you with a curated list of reliable and accessible platforms.