5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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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 instant Petition under Article 199 in the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and in 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 earlier mentioned mentioned co-accused namely Hussain Bakhsh has already been opined because of the Lahore High Court, Lahore in its order dated two-12-2010 passed in Criminal Miscellaneous No.
Case files might also be accessed from the public access terminals inside the clerk’s office in the court where the case was filed.
This unfortunate ambiguity results during the regulation regarding murder and manslaughter to generally be repugnant with Each and every other.
The claimed recovery may be used, for the most, for corroboration in 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 occurrence. The claimed memo of pointation is irrelevant and inadmissible as nothing was discovered as a result of these pointation. The place of prevalence and also the place of throwing the dead body were already during the knowledge of witnesses ahead of their pointation via the petitioners. Reliance is additionally placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held with the august Supreme Court of Pakistan as under:
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؟
If a sufferer is shot at point-blank range, it might still be fair to infer that the accused meant death. However, that is not really always the case.
The appellant should have remained vigilant and raised his challenge towards the Judgment within time. Read more
In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Even though the pair experienced two young children of their personal at home, the social get more info worker did not convey to them about the boy’s history of both being abused, and abusing other children. When she made her report on the court the following day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the pair had young children.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent as well as the case under appeal, Probably overruling the previous case regulation by setting a completely new precedent of higher authority. This might occur several times because the case works its way through successive appeals. Lord Denning, first from the High Court of Justice, later with the Court of Appeal, provided a famous example of this evolutionary process in his advancement in the concept of estoppel starting while in the High Trees case.
Criminal cases Inside the common regulation tradition, courts decide the regulation applicable to a case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Compared with most civil legislation systems, common legislation systems Keep to the doctrine of stare decisis, by which most courts are bound by their individual previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions regular with the previous decisions of higher courts.
this Court is left with no option but to direct the respondents to inform the promotion on the petitioner in next rank .(Promotion)
A coalition of residents sent a letter of petition on the Supreme Court to challenge the Water and Power Advancement Authority’s (WAPDA) construction of the electricity grid station in their neighborhood, on designated “green belt” property. The Court listened to the matter to be a human rights case, as Article 184 (three) with the Pakistan Constitution supplies original jurisdiction for the Supreme Court to just take up and determine any matter concerning the enforcement of fundamental rights of public importance.
The decision further directed the government of Pakistan to determine a commission of internationally known and acknowledged scientists to review and rule on upcoming grid station projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power traces.