5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
Blog Article
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................
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؟
4. It's been noticed by this Court that there is usually a delay of someday in the registration of FIR which hasn't been explained with the complainant. Moreover, there is no eye-witness of the alleged prevalence as well as prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners is 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 to generally be the real brothers with the deceased but they didn't react at all into the confessional statements of your petitioners and calmly saw 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 glimpse 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 was not effected after making of your alleged extra judicial confession. It's been held on countless events that extra judicial confession of an accused is usually a weak form of evidence which might be manoeuvred through the prosecution in almost any case where direct connecting evidence does not appear 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 did not say a word as to presence of some light in the place, where they allegedly saw the petitioners jointly over a motorcycle at four.
Information on accessing opinions and case-related documents for your Supreme Court of the United States is obtainable about the court’s website.
The explained recovery could possibly be used, within the most, for corroboration of the main evidence, but by itself it cannot become a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of occurrence. The said memo of pointation is irrelevant and inadmissible as absolutely nothing was discovered as a result of these types of pointation. The place of occurrence as well as the place of throwing the dead body were already within the knowledge of witnesses prior to their pointation with the petitioners. Reliance can also be placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held from the august Supreme Court of Pakistan as under:
The ICAP Staff Service Rules, 2011 were framed from the respondent/Institute, these rules may well not have the operates within a transparent legal and regulatory framework on the respondent/Institute. 14. In view of what has become discussed over, without touching the merits from the case, the preliminary objection regarding the maintainability in the petition is sustained as well as the petition is held for being not maintainable in terms of Article 199 on the Constitution for the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio on the judgment passed via the Supreme Court within the case of Pakistan Electric Power Company supra. Read more
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed a notice and comment restriction on government businesses in regards to projects that could possibly pose a public risk. This case can also be noteworthy, “because it laid down the foundations of all upcoming public interest litigation brought before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is actually a right to life itself.
The court cannot hear the transfer order challenge because it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders retaining in view that among the respondents has retired from service as pointed out from the counsel for your respondent university. 12. The petition and applications pending therein stand dismissed with no order regarding costs. Read more
Accessing free case legislation sites website in Pakistan is essential for legal professionals, students, and anybody seeking to understand Pakistani legal precedents.
two. I have listened to the learned counsel for the parties and also figured out DPG at size, perused the record and observed that:-
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and security. It demonstrates the commitment of your state to protect its citizens and copyright the rule of law.
Generally speaking, higher courts don't have direct oversight over the reduced courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments with the reduced courts.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a healthy environment. This decision is particularly significant as there aren't any specific provisions while in the Pakistani Constitution regarding environmental protection. In relation to environmental law in Pakistan, it can be important that the case established the application with the precautionary principle where there can be a menace to environmental rights, and emphasised the positive obligations in the State in protecting the right into a clean and healthy environment.
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are set up by executive organizations based on statutes.