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 instant Petition under Article 199 in the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon with the prosecution against the petitioner and his higher than mentioned co-accused namely Hussain Bakhsh has already been opined from the Lahore High Court, Lahore in its order dated 2-twelve-2010 passed in Criminal Miscellaneous No.
Case regulation is specific for the jurisdiction in which it was rendered. As an illustration, a ruling in a very California appellate court would not ordinarily be used in deciding a case in Oklahoma.
While in the dynamic realm of legal statutes, amendments Enjoy a vital role in adapting to evolving circumstances and strengthening the legal framework. One particular this sort of notable amendment that has garnered attention is the latest revision of Section 489-F of the Pakistan Penal Code (PPC).
The said recovery may be used, at the most, for corroboration on 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 reported memo of pointation is irrelevant and inadmissible as absolutely nothing was discovered as a result of this kind of pointation. The place of occurrence along with the place of throwing the dead body were already from the knowledge of witnesses just before their pointation by the petitioners. Reliance can be placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held because of the august Supreme Court of Pakistan as under:
For that foregoing reasons the moment suit is dismissed with no order concerning cost. Office to prepare decree in the above mentioned terms. Read more
be established without an iota of doubt in all other jurisdictions) will be inferred. This is often a horrifying reality, a particularly low threshold for an offence that carries capital punishment.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 with the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to some person causes death of this kind of person, possibly by mistake of act or by mistake of fact is said to commit qatl-i-khata.”
after release from the prison he misplaced interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when the basic norm underlying a Constitution disappears and a new system is place in its place.
The death penalty, also known as capital punishment, could be the most severe form of punishment for murder under Section 302. It will involve the execution from the convicted person to be a consequence of their crime.
To invoke section 300 and 302 just because death has here occurred is the most important tragedy of all. It does the precise opposite of what a legal system is there to complete, i.e. safe its citizens.
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and fork out fixation usually are not entertainable for the reasons that such matters are typically handled by administrative or service tribunals, as well as the legal grounds for this petition are insufficient therefore this petition is dismissed, which will involve disputed claims and counterclaims on the topic post, therefore this court just isn't inside a position to dilate upon these disputes in constitutional jurisdiction. Read more
dismissed as not pressed and sentences awarded to your appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )