Examine This Report on case law on section 395 ppc convictions

Examine This Report on case law on section 395 ppc convictions

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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 of the Constitution based within 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 within the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.

The mentioned case laws offer insights into how the courts interpret and utilize Section 302, emphasizing the importance of the fair and just legal system. It is essential for society to understand the gravity of this offense plus the need for stringent punishment to discourage probable offenders and make sure justice for that victims and their people.

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The stated recovery might be used, within the most, for corroboration from 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 prevalence. The said memo of pointation is irrelevant and inadmissible as practically nothing was discovered on account of these pointation. The place of prevalence in addition to the place of throwing the dead body were already while in the knowledge of witnesses just before their pointation because of the petitioners. Reliance can be placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held via the august Supreme Court of Pakistan as under:

eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 with the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.

Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for your loss of the life. It allows the legal system to impose a proportional punishment within the offender, making sure They may be held accountable for their actions.

already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)

This ruling has conditions, and Because the petitioners failed a qualifying Examination, they cannot claim equity or this read more Court's jurisdiction based to the Niazi case analogy. nine. In view of the above mentioned facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more

When the petitioner is actually present on the place of event without causing any injury to the deceased or PWs then in these types of circumstances, whether He's vicariously liable shall be decided through the learned trial Court after recording of your evidence.

When the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not had an opportunity to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only performed In case the employee can show that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to lead evidence as well as petitioner company responded towards the allegations therefore they were perfectly mindful of the allegations and led the evidence as such this point is ofno use to generally be looked into in constitutional jurisdiction at this stage. Read more

1. Judicial Independence: The court emphasized the importance of judicial independence plus the separation of powers.

It also addresses the limitation period under Article ninety one and one hundred twenty in the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more

It is usually important to note that granting of seniority to some civil servant without the actual size of service just about violates all the service composition as a civil servant inducted in Grade 17 by claiming these types of benefit without any experience be directly posted in any higher grade, which is neither the intention on the legislation nor of your equity. Read more