“There is not any ocular evidence to show that Muhammad Abbas was murdered by any with the present petitioners. Mere fact that Noor Muhammad and Muhammad Din observed firstly the deceased and after some distance they observed the petitioners going towards the same direction, did not necessarily mean that the petitioners were chasing the deceased or were accompanying him. This sort of evidence cannot be treated as evidence of final seen.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon through the prosecution against the petitioner and his previously mentioned mentioned co-accused namely Hussain Bakhsh has already been opined with the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
This Court may well interfere where the authority held the proceedings against the delinquent officer in a very manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. If your conclusion or finding is for instance no reasonable person would have ever reached, the Court may interfere with the summary or even the finding and mold the relief to make it suitable on the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. About the aforesaid proposition, we have been fortified through the decision on the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This unfortunate ambiguity results inside the regulation regarding murder and manslaughter to get repugnant with Every single other.
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is predicted that the persons getting their character earlier mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents can be a condition precedent for appointment to the Government service. The candidates must have good character check here and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to do away with the candidature with the petitioner. Read more
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
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The regulation of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called regulation of necessity..
Criminal cases From the common legislation tradition, courts decide the law applicable to your case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Unlike most civil regulation systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their individual previous decisions in similar cases. According to stare decisis, all decrease courts should make decisions regular with the previous decisions of higher courts.
Whoever, with the intention of causing death OR with the intention of causing bodily injury into a person, by undertaking an act which in the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently harmful that it must in all likelihood cause death, causes the death on the such person, is said to commit qatl-i-amd/murder”
In order to preserve a uniform enforcement of the laws, the legal system adheres to the doctrine of stare decisis
Pakistan’s legal system is not without flaws: overhauling is overdue and also the law regarding murder needs significant reconsideration and clarification. To the time being, the minimum that can be achieved is to make certain that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.