5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
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seventy seven . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 in the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
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4. It has been noticed by this Court that there is usually a delay of at some point from the registration of FIR which hasn't been explained through the complainant. Moreover, there is not any eye-witness from the alleged prevalence and also the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of your 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 these namely Ghulam Dastigir and Mohammad Akram happened to get the real brothers of your deceased but they did not react in the least into the 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 search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation regarding why her arrest wasn't effected after making of the alleged extra judicial confession. It has been held on countless instances that extra judicial confession of the accused is a weak style of evidence which could be manoeuvred with the prosecution in almost any case where direct connecting evidence does not come their way. The prosecution is also 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 regarding existence of some light on the place, where they allegedly noticed the petitioners alongside one another on a motorcycle at four.
Statutory laws are People created by legislative bodies, such as Congress at both the federal and state levels. Even though this sort of law strives to form our society, offering rules and guidelines, it would be not possible for just about any legislative body to anticipate all situations and legal issues.
The mentioned recovery can be used, within 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 incidence. The claimed memo of pointation is irrelevant and inadmissible as nothing at all was discovered on account of this sort of pointation. The place of incidence along with the place of throwing the dead body were already while in the knowledge of witnesses previous to their pointation because of the petitioners. Reliance is also placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held via the august Supreme Court of Pakistan as under:
In this weblog post, we will delve into the details of Section 302 PPC, Discovering its provisions as well as gravity of its punishment.
seventy three . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Referring to the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition may be dismissed. This is because service on the grievance notice is usually a mandatory necessity plus a precondition for filing a grievance petition. The regulation demands that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. If the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) If your organization is transprovincial.
Binding Precedent – A rule or principle set up by a court, which other courts are obligated to follow.
Section 302 in the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject matter to the most severe form of punishment permissible under Pakistani law.
If granted absolute immunity, the parties would not only be protected from liability from the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making this kind of ruling, the defendants took their request into the appellate court.
Case here law, also known as precedent, forms the foundation of the Pakistani legal system. Understanding relevant judgments and rulings is vital for interpreting statutes and predicting legal results. Free access to those resources democratizes legal knowledge, empowering citizens and promoting transparency.
this Court is left with no option but to direct the respondents to inform the promotion on the petitioner in next rank .(Promotion)
13309-B of 2010 being weak types of evidence as well as evidentiary value whereof would be seen with the time with the trial. The investigation of this case has already been finalized and, Hence, confirmed custody of your petitioner in jail is not going to serve any helpful purpose at this stage.”
This section specifically relates to civil servants who are rendered surplus as a result of reorganization or abolition of a division, department, or office. Non-civil servants, by definition, are usually not subject towards the provisions on the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the using organization. Therefore, the provisions of Section eleven-A, such as the possibility of being posted to another department, would not implement to non-civil servants. Read more