The best Side of case law 395 ppc acquittal
The best Side of case law 395 ppc acquittal
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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 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 the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, it is also a perfectly-founded proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter for the procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to reach at its independent findings around the evidence.
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal to your deceased was caused through the petitioner but in support of opinion with the Investigating Officer no iota of evidence is out there over the file and mere ipsi dixit of police isn't binding around the Court.
Statutory laws are Those people created by legislative bodies, including Congress at both the federal and state levels. Though this variety of law strives to shape our society, furnishing rules and guidelines, it would be unachievable for almost any legislative body to anticipate all situations and legal issues.
The claimed recovery could possibly be used, within the most, for corroboration of the main evidence, but by itself it cannot be described as a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The mentioned memo of pointation is irrelevant and inadmissible as nothing at all was discovered due to this sort of pointation. The place of event along with the place of throwing the dead body were already within the knowledge of witnesses prior to their pointation because of the petitioners. Reliance is likewise placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held through the august Supreme Court of Pakistan as under:
4. It goes without declaring that observations made hereinabove are only tentative in nature and strictly confined into the disposal of prompt bail petition.
If a target is shot at point-blank vary, it may still be fair to infer that the accused meant death. However, that is not really always the case.
Any court may perhaps seek to distinguish the present case from that of a binding precedent, to reach a different conclusion. The validity of this type of distinction may or may not be accepted on appeal get more info of that judgment to your higher court.
P.C. Liability of petitioners to the explained offences would be determined via the learned trial Court after sifting the evidentiary really worth in the material produced before the same. Till then, case of
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when the basic norm underlying a Constitution disappears in addition to a new system is set in its place.
3. Rule of Law: The court reiterated the importance of upholding the rule of regulation and guaranteeing that all institutions function within their constitutional mandates.
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