Top Guidelines Of copy of case law judgments in 2013
Top Guidelines Of copy of case law judgments in 2013
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Article 199 on the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It can be very well-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a very well-established proposition of law 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings over the evidence.
four. It's been noticed by this Court that there can be a delay of someday during the registration of FIR which hasn't been explained via the complainant. Moreover, there is not any eye-witness on the alleged prevalence plus the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession on the 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 them namely Ghulam Dastigir and Mohammad Akram happened for being the real brothers of your deceased but they didn't respond in the least to your confessional statements in the petitioners and calmly noticed them leaving, 1 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 fourteen.02.2018 and there is no explanation concerning why her arrest wasn't effected after making with the alleged extra judicial confession. It's been held on numerous events that extra judicial confession of an accused is often a weak sort of evidence which may very well be manoeuvred by the prosecution in any case where direct connecting evidence does not come their way. The prosecution is also counting 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 existence of some light at the place, where they allegedly noticed the petitioners jointly on a motorcycle at 4.
This unfortunate ambiguity results during the law regarding murder and manslaughter being repugnant with Just about every other.
The claimed recovery may very well be used, for the most, for corroboration in the main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of occurrence. The stated memo of pointation is irrelevant and inadmissible as practically nothing was discovered on account of these types of pointation. The place of prevalence together with the place of throwing the dead body were already in the knowledge of witnesses prior to their pointation via the petitioners. Reliance can also be placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held because of the august Supreme Court of Pakistan as under:
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer within a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry here or where the conclusion or finding achieved with the disciplinary authority is based on no evidence. In the event the summary or finding is like no reasonable person would have ever reached, the Court may interfere with the summary or even the finding and mold the relief to really make it suitable to the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. On the aforesaid proposition, we've been fortified by the decision on the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
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................
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice on the Peace u/s 22-A is not really obliged to afford a chance of hearing to the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is needed to consider all relevant factors, with care and caution; to avoid equipment of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
Commonly, only an appeal accepted via the court of last vacation resort will resolve such differences and, for many reasons, this kind of appeals are frequently not granted.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station due to potential health risks and dangers.
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؟
[three] For example, in England, the High Court plus the Court of Appeals are Each individual bound by their individual previous decisions, however, Because the Practice Statement 1966 the Supreme Court on the United Kingdom can deviate from its earlier decisions, Even though in practice it seldom does. A notable example of when the court has overturned its precedent could be the case of R v Jogee, where the Supreme Court from the United Kingdom ruled that it along with the other courts of England and Wales experienced misapplied the law for approximately 30 years.
13309-B of 2010 for being weak types of evidence along with the evidentiary value whereof would be viewed in the time with the trial. The investigation of this case has already been finalized and, Hence, confirmed custody of your petitioner in jail is unlikely to serve any useful purpose at this stage.”
Finding reliable free case legislation sites can be challenging. Lots of websites involve subscriptions or offer limited information. This article helps you navigate the landscape of free case regulation resources in Pakistan, giving you with a curated list of reliable and accessible platforms.