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۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔
four. It's been noticed by this Court that there is actually a delay of one day from the registration of FIR which hasn't been explained via the complainant. Moreover, there isn't any eye-witness of your alleged occurrence plus the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession from 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 transpired to be the real brothers of the deceased but they did not respond at all on the confessional statements of the petitioners and calmly noticed them leaving, 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 glimpse much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation regarding why her arrest was not effected after making from the alleged extra judicial confession. It's been held on a lot of situations that extra judicial confession of an accused is often a weak form of evidence which can be manoeuvred from the prosecution in almost any case where direct connecting evidence does not come 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 didn't say a word as to existence of some light for the place, where they allegedly saw the petitioners collectively over a motorcycle at 4.
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These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—is definitely the principle by which judges are bound to this kind of past decisions, drawing on set up judicial authority to formulate their positions.
In this blog site post, we will delve into the details of Section 302 PPC, exploring its provisions and also the gravity of its punishment.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the subject issue, we've been with the view that the claim in the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle isn't legally seem, besides promotion and seniority, not absolute rights, they are subject matter to rules and regulations In case the recruitment rules of the subject post allow the case of your petitioners for promotion could possibly be regarded, however, we're very clear in our point of view that contractual service cannot be considered for seniority and promotion given that the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Physical fitness, issue to availability of vacancy issue on the approval on the competent authority. Read more
There are countless situations where death was never intended – even more where These nominated from the FIR were not present when the injury or death occurred. The death of the human being is often a tragic event. Though more info the death of any dwelling being is not any fewer a tragic event.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it needs legal transfer of title. Agreement to sell must be created and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
acquitted the appellants from every one of the charges therefore the same is dismissed being infructuous. (Criminal Revision )
Undertaking a case legislation search may be as easy as getting into specific keywords or citation into a search engine. There are, however, certain websites that facilitate case legislation searches, which include:
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13309-B of 2010 to be weak types of evidence and the evidentiary value whereof would be seen for the time from the trial. The investigation of this case has already been finalized and, Consequently, confirmed custody from the petitioner in jail is unlikely to provide any effective purpose at this stage.”
This section specifically applies to civil servants that are rendered surplus as a result of reorganization or abolition of the division, department, or office. Non-civil servants, by definition, are usually not subject for 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 11-A, including the possibility of being posted to another department, would not implement to non-civil servants. Read more