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 from the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within 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 by the prosecution against the petitioner and his higher than 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.
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment to the grounds of extenuating circumstances. The court acknowledged that whilst the crime of murder was established, the offender experienced a history of mental illness, which played a significant role in committing the offense. This case set a precedent for considering mitigating factors during sentencing.
Section 302 of your Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to act as a deterrent and copyright the value of human life. The application from the death penalty or life imprisonment depends within the specifics of each case, which include any extenuating circumstances or mitigating factors.
R.O, Office, Gujranwala plus the police officials didn't inform him that the identification parade with the accused has not been conducted nevertheless. In the moment case, now the accused made an effort to just take advantage of the program aired by SAMAA News, wherein the image of the petitioner was commonly circulated. The police should not have exposed the identity from the accused through electronic media. The legislation lends assurance for the accused that the identity should not be subjected to the witnesses, particularly for that witness to detect the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and created images. Moreover, the images shown to the media expose that a mask wasn't placed over the accused to hide his identity until here he was place up for an identification parade. Making photographs on the accused publically, both by showing the same into the witness or by publicizing the same in almost any newspaper or application, would create doubt in the proceedings from the identification parade. The Investigating Officer has to be sure that there is not any likelihood with the witness to begin to see the accused before going on the identification parade. The accused should not be shown to your witness in person or through any other manner, i.e., photograph, video-graph, or maybe the push or electronic media. Given the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
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؟
be founded without an iota of doubt in all other jurisdictions) will be inferred. This can be a horrifying reality, an extremely lower threshold for an offence that carries capital punishment.
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................
nine. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station as a consequence of probable health risks and hazards.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to generally be gathered with the parties – specifically regarding the issue of absolute immunity.
Generally speaking, higher courts usually do not have direct oversight over the lessen courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments of your lower courts.
When the employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not experienced a possibility to respond to the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only accomplished If your employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence along with the petitioner company responded to your allegations therefore they were very well aware about the allegations and led the evidence therefore this point is ofno use to generally be seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
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