role of metropolitan corporation case laws Secrets
role of metropolitan corporation case laws Secrets
Blog Article
Extra username and password are expected for this resource. See Username and password webpage for details
The court emphasised that in cases of intentional murder, the gravity of your offense demands the most stringent punishment, thinking about the sanctity of human life and deterrence for prospective offenders.
four. It has been noticed by this Court that there is a delay of in the future inside the registration of FIR which has not been explained through the complainant. Moreover, there is no eye-witness on the alleged occurrence plus the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of 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 these namely Ghulam Dastigir and Mohammad Akram took place to generally be the real brothers of the deceased but they did not react at all into the confessional statements in 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 appear much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation concerning why her arrest was not effected after making in the alleged extra judicial confession. It's been held on a great number of situations that extra judicial confession of an accused can be a weak kind of evidence which may be manoeuvred via the prosecution in almost any case where direct connecting evidence does not come their way. The prosecution can be relying 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 concerning existence of some light on the place, where they allegedly noticed the petitioners together on the motorcycle at 4.
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؟
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................
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, It is additionally a perfectly-founded proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is matter for the procedure provided under the relevant rules and nsw case law never otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings within the evidence.
Permit’s deal with what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.
Any court might seek to distinguish the present case from that of the binding precedent, to achieve a different conclusion. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to your higher court.
9. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
Knowledge of your accused is really a matter for being inferred from the circumstances, for it being a state of mind, is very hard being proved otherwise.”
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses for instance self-defense, insanity, or accidental killing, which might end in reduced charges or acquittal.
one. Judicial Independence: The court emphasized the importance of judicial independence as well as the separation of powers.
A coalition of residents sent a letter of petition on the Supreme Court to challenge the Water and Power Progress Authority’s (WAPDA) construction of an electricity grid station in their community, on designated “green belt” property. The Court heard the matter being a human rights case, as Article 184 (3) in the Pakistan Constitution delivers authentic jurisdiction on the Supreme Court to just take up and determine any matter concerning the enforcement of fundamental rights of public importance.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination with the current case are called obiter dicta, which constitute persuasive authority but are certainly not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[four]