A Secret Weapon For rule of merger criminal case law pakistan
A Secret Weapon For rule of merger criminal case law pakistan
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5. Uncovered Deputy Prosecutor General along with counsel to the complainant further argued that during the investigation from the case the petitioner Mst. Mubeena Bibi led to your recovery of sleeping supplements on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore has actually been made before the Court wherein the sleeping capsules were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected while in the liver but not inside the tummy. Hence, the recovery of explained sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Discovered Deputy Prosecutor General as well as counsel to the complainant have also argued that during the investigation on the case the petitioner Bhoora led to the recovery of a motorcycle.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It is additionally a well-established 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 in the Stricto-Sensu, apply 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 on the charge, however, that is issue to your procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.
four. It's been noticed by this Court that there is really a delay of in the future in the registration of FIR which has not been explained with the complainant. Moreover, there is not any eye-witness of the alleged event as well as prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners is 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 be the real brothers from the deceased but they did not respond at all for the confessional statements in the petitioners and calmly noticed them leaving, just one 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 on the alleged extra judicial confession. It's been held on countless events that extra judicial confession of an accused is a weak kind of evidence which might be manoeuvred from the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution is additionally 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 concerning presence of some light for the place, where they allegedly observed the petitioners together on the motorcycle at 4.
competent authority and if any appeal or representation is filed the same shall be decided(Promotion)
ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is effectively-settled that the civil servants must first go after internal appeals within 90 days. If the appeal is just not decided within that timeframe, he/she can then tactic the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety times for the department to act has already expired. To the aforesaid proposition, we are guided by the decision on the Supreme Court while in the case of Dr.
Power to levy tax also to legislate on immovable property such as tax on yearly rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
only around the ground of miscases remanded & only within the ground of misreading of evidence only about the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
The issue Here's that an accused may possibly say that they meant to injure the target, but they didn't intend to get rid of them. In other words, they might claim that thedeath that resulted mainly because of the accused’s attack was neither foreseeable nor meant.
On June 16, 1999, a lawsuit was filed on behalf of the boy by a guardian advert litem, against DCFS, the social worker, as well as the therapist. A similar lawsuit was also filed on behalf in the Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for the dismissal based on absolute immunity, since they were all acting in their Careers with DCFS.
VI) The petitioner is guiding the bars since arrest, investigation on the case is complete, he is not any more essential for the purpose of investigation and at this stage to maintain him driving the bars before summary of trial will provide no beneficial purpose.
Legal Defenses: An accused person click here charged under Section 302 PPC can present legal defenses such as self-defense, insanity, or accidental killing, which may well bring about reduced charges or acquittal.
1. Judicial Independence: The court emphasized the importance of judicial independence plus the separation of powers.
However, it’s essential to note that the application with the death penalty is issue to several legal safeguards and owing process to be sure fair trials.
Though the death penalty is irreversible, life imprisonment allows with the possibility of reconsideration or commutation of your sentence in certain circumstances.