cheating forgery law legal cases Secrets
cheating forgery law legal cases Secrets
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77 . 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 moment Petition under Article 199 of the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
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four. It has been noticed by this Court that there can be a delay of someday in the registration of FIR which has not been explained via the complainant. Moreover, there is no eye-witness on the alleged prevalence as well as the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has actually 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 being the real brothers of your deceased but they did not react in any respect to your confessional statements with the petitioners and calmly saw them leaving, a single 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 fourteen.02.2018 and there is not any explanation as to why her arrest wasn't effected after making of your alleged extra judicial confession. It has been held on countless situations that extra judicial confession of the accused is a weak type of evidence which could be manoeuvred with the prosecution in almost any case where direct connecting evidence does not occur their way. The prosecution is usually 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 for the place, where they allegedly noticed the petitioners alongside one another with a motorcycle at four.
Some bodies are given statutory powers to issue steering with persuasive authority or similar statutory effect, including the Highway Code.
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—could be the principle by which judges are bound to these types of past decisions, drawing on founded judicial authority to formulate their positions.
Article 27 in the Constitution does not only safeguard against discrimination on the time of appointment of service but after the appointment likewise. The disparity in the pay scale allowances of Stenographers within the District Judiciary is within the distinct negation of your regulation laid down because of the Supreme Court in its several pronouncements. Read more
The ruling from the first court created case legislation that must be followed by other courts until finally or unless both new law is created, or maybe a higher court rules differently.
Upholding Justice: The application of the legislation as well as the subsequent punishment of your guilty party provide a feeling of closure and justice into the victim’s family and loved types.
Section 302 from 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 to your most severe form of punishment permissible under Pakistani regulation.
Therefore, this petition is found to get not maintainable and is also dismissed along with the pending application(s), as well as the petitioners may possibly look for remedies through the civil court process as discussed supra. Read more
The death penalty, also known as capital punishment, is definitely the most severe form of punishment for murder under Section 302. It involves the execution from the convicted person as a consequence of their crime.
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Until case is attempted(Bail Matters)
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a healthy environment. This decision is particularly significant as there aren't any specific provisions within the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it's important that the case recognized the application in the precautionary principle where there can be a menace to environmental rights, and emphasised the positive obligations from the State in protecting the right to the clean and healthy environment.
14. While in the light on the position explained earlier mentioned, it can be concluded that a civil servant contains a fundamental more info right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the length of service or within the form of inquiry and departmental action was so taken against his right of promotion. Read more