Examine This Report on case law on section 395 ppc convictions
Examine This Report on case law on section 395 ppc convictions
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four. It has been noticed by this Court that there is usually a delay of sooner or later inside the registration of FIR which has not been explained by the complainant. Moreover, there is not any eye-witness on the alleged incidence and the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession with 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 transpired for being the real brothers from the deceased but they did not react whatsoever towards the confessional statements of the petitioners and calmly observed 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 seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation as to why her arrest wasn't effected after making on the alleged extra judicial confession. It's been held on a great number of occasions that extra judicial confession of the accused is a weak variety of evidence which could possibly be manoeuvred from the prosecution in any case where direct connecting evidence does not arrive their way. The prosecution is usually 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 at the place, where they allegedly saw the petitioners with each other on a motorcycle at 4.
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three. I have read the realized counsel for your parties and have gone through the record of this case with their capable assistance.
Article 27 with the Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment also. The disparity during the pay scale allowances of Stenographers while in the District Judiciary is in the crystal clear negation in the regulation laid down because of the Supreme Court in its various pronouncements. Read more
Law professors traditionally have played a much more compact role in establishing case regulation in common law than professors in civil legislation. Because court decisions in civil legislation traditions are historically brief[four] rather than formally amenable to establishing precedent, much of the exposition in the legislation in civil law traditions is done by lecturers somewhat than by judges; this is called doctrine and may be published in treatises or in journals like Recueil Dalloz in France. Historically, common legislation courts relied very little on legal scholarship; Consequently, at the turn of the twentieth century, it was extremely unusual to discover a tutorial writer quoted inside of a legal decision (apart from Potentially with the tutorial writings of popular judges such as Coke and Blackstone).
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This ruling has conditions, and Considering that the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. 9. In view of the above facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
Knowledge in the accused is really a matter to get inferred from the circumstances, for it being a state of mind, is very difficult to get proved otherwise.”
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3. Rule of Regulation: The court reiterated the importance of upholding the rule of regulation and making certain that all institutions function within their constitutional mandates.
In order to preserve a uniform enforcement of the laws, the legal system adheres towards the doctrine of stare decisis
The decision further directed the government of Pakistan to ascertain a commission of internationally known and recognized researchers to review and rule on long term grid station alien enemy case law projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power lines.