The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
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III) Inside the version on the father of deceased namely Muhammad Iqbal (complainant of second Variation) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed towards the petitioner and others was simple presence with aerial firing without any injury to deceased or PWs.
The court emphasized that in cases of intentional murder, the gravity of your offense demands the most stringent punishment, thinking of the sanctity of human life and deterrence for potential offenders.
four. It has been noticed by this Court that there can be a delay of someday within the registration of FIR which has not been explained because of the complainant. Moreover, there is no eye-witness in the alleged incidence and the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners is tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram took place being the real brothers of the deceased but they did not respond whatsoever to your confessional statements from the petitioners and calmly observed them leaving, 1 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 search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation regarding why her arrest wasn't effected after making with the alleged extra judicial confession. It has been held on countless situations that extra judicial confession of the accused is often a weak variety of evidence which could be manoeuvred with the prosecution in almost any case where direct connecting evidence does not occur their way. The prosecution is usually depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word concerning presence of some light with the place, where they allegedly noticed the petitioners together on a motorcycle at four.
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؟
criminal revision application is dismissed. reduced towards the period of his detention in jail he has already undergone(Criminal Revision )
The recent amendment to Section 489-File of your Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the regulation with contemporary challenges.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for that loss of the life. It allows the legal system to impose a proportional punishment about the offender, making certain They may be held accountable for their actions.
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................
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Therefore, this petition is found to become not maintainable and it is dismissed along with the pending application(s), plus the petitioners could seek remedies through the civil court process as discussed supra. Read more
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ten. Without touching the merits in the case in the issue of once-a-year increases from the pensionary emoluments with the petitioner, in terms of policy decision in the provincial government, these types of annual increase, if permissible from the case of employees of KMC, demands further assessment being made through the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
Persuasive Authority – Prior court rulings that could be consulted in deciding a current case. It may be used to guide the court, but just isn't get more info binding precedent.
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are absolutely different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held because of the august Supreme Court of Pakistan as under:--