لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
Delay in recording confessional statement may not be treated fatal for the case of prosecution(Murder Trial)
4. It has been noticed by this Court that there is really a delay of at some point during the registration of FIR which hasn't been explained via the complainant. Moreover, there isn't any eye-witness from the alleged event and also the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners has been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram happened to become the real brothers of the deceased but they didn't react in the slightest degree towards the confessional statements with the petitioners and calmly observed 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 is no explanation concerning why her arrest wasn't effected after making with the alleged extra judicial confession. It has been held on numerous situations that extra judicial confession of the accused can be a weak variety of evidence which may be manoeuvred because of the prosecution in any case where direct connecting evidence does not arrive 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 did not say a word concerning existence of some light with the place, where they allegedly noticed the petitioners collectively with a motorcycle at four.
The former means “guilty act” along with the latter means “guilty mind.” With the omission in the intention, the commission with the act on your own will not be enough to gain a conviction for that crime. This is actually a simple principle that all law students are well acquainted with.
It is now very well-settled that considerations for pre-arrest and post-arrest bail are thoroughly different, therefore, within our view the learned Judge experienced fallen in error to cancel the bail allowed to petitioner through the same Additional Sessions Judge.”
Power to levy tax and to legislate on immovable property such as tax on once-a-year rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
Legislation professors traditionally have played a much smaller sized role in producing case regulation in common legislation than professors in civil legislation. Because court decisions in civil legislation traditions are historically brief[4] and not formally amenable to establishing precedent, much from the exposition of the regulation in civil legislation traditions is completed by lecturers instead than by judges; this is called doctrine and may be published in treatises or in journals such as Recueil Dalloz in France. Historically, common regulation courts relied minor on legal scholarship; Hence, in the turn from the twentieth century, it absolutely was incredibly unusual to find out an academic writer quoted inside of a legal decision (other than Possibly for the tutorial writings of outstanding judges including Coke and Blackstone).
forty eight . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of the Peace u/s 22-A just isn't obliged to afford an opportunity of hearing to your accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is necessary to take into account all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more
Case regulation, also used interchangeably with common legislation, is usually a legislation that is based on precedents, that may be the judicial decisions from previous cases, instead than regulation based on constitutions, statutes, or regulations. Case legislation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
VI) The petitioner is guiding the bars due to the fact arrest, investigation in the case is complete, he is not any more expected to the purpose of investigation and at this stage to keep him guiding the bars before summary of trial will serve no helpful purpose.
The scrupulous reader may well have noticed one thing over: a flaw. Over and above the first 7 words, the definition focuses to the intention to cause “Injury,” not the intention to cause death. The 2 standard elements that must be proven in order to convict a person of a crime are “
Whoever, with the intention of causing death OR with the intention of causing bodily injury to some person, by doing an act which in the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently perilous that it must in all chance cause death, causes the death in the these kinds of person, is said to commit qatl-i-amd/murder”
13309-B of 2010 being weak types of evidence as well as evidentiary value whereof would be seen with the time on the trial. The investigation of this case has already been finalized and, So, confirmed custody from the petitioner in jail is unlikely to serve any helpful purpose at this stage.”
fourteen. In the light on the position explained higher than, it is concluded that a civil servant includes a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the size of service or while in the form of inquiry and departmental action was so taken against website his right of promotion. Read more