III) Inside the Edition on the father of deceased namely Muhammad Iqbal (complainant of second Edition) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed towards the petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.
The mentioned case laws offer insights into how the courts interpret and apply Section 302, emphasizing the importance of a fair and just legal system. It's important for society to understand the gravity of this offense plus the need for stringent punishment to deter probable offenders and be certain justice for the victims and their families.
four. It's been noticed by this Court that there is really a delay of someday during the registration of FIR which hasn't been explained through the complainant. Moreover, there is no eye-witness with the alleged event as well as prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has long been 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 occurred to be the real brothers with the deceased but they did not respond at all towards the confessional statements in the petitioners and calmly observed 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 seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 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 so many events that extra judicial confession of the accused is usually a weak type of evidence which could possibly be manoeuvred because of the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution can be counting 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 regarding presence of some light on the place, where they allegedly noticed the petitioners together on a motorcycle at four.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Provided the legal analysis on the subject issue, we have been of the view that the claim of the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle is not really legally audio, besides promotion and seniority, not absolute rights, They are really matter to rules and regulations if the recruitment rules of the topic post permit the case on the petitioners for promotion could possibly be considered, however, we have been clear within our point of view that contractual service cannot be regarded for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy subject to your approval from the competent authority.
lengthy period petitioner was not considered for promotion, meeting in the departmental promotion committee and evaluate the petitioner (Promotion)
The different roles of case legislation in civil and common regulation traditions create differences in just how that courts render decisions. Common regulation courts generally explain in detail the legal rationale guiding their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the broader legal principles.
Following the decision, NESPAK, as directed, conducted an assessment with the grid project and submitted that sufficient mitigation measures were in place to render any potential adverse impacts negligible. Based on this, the grid station was permitted to generally be created.
A year later, Frank and Adel have a similar trouble. When they sue their landlord, the court must make use of the previous court’s decision in applying the regulation. This example of case law refers to 2 cases heard within the state court, for the same level.
nine. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
In the United States, courts exist on both the federal and state levels. The United States Supreme Court could be the highest court while in the United States. Reduce courts on the federal level include the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, plus the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts listen to cases involving matters related to your United States Constitution, other federal laws and regulations, and certain matters that entail parties from different states or countries and large sums of money in dispute. Each and check here every state has its own judicial system that features trial and appellate courts. The highest court in Each individual state is frequently referred to since the “supreme” court, Though there are a few exceptions to this rule, for example, the Ny Court of Appeals or perhaps the Maryland Court of Appeals. State courts generally listen to cases involving state constitutional matters, state legislation and regulations, Though state courts can also generally listen to cases involving federal laws.
How much sway case legislation holds may possibly fluctuate by jurisdiction, and by the exact circumstances from the current case. To examine this concept, take into account the following case legislation definition.
Article 199 of the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It is actually perfectly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Persuasive Authority – Prior court rulings that could possibly be consulted in deciding a current case. It could be used to guide the court, but is just not binding precedent.
P.C. for grant of post arrest bail should even be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are completely different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held because of the august Supreme Court of Pakistan as under:--