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The mentioned case laws offer insights into how the courts interpret and apply Section 302, emphasizing the importance of the fair and just legal system. It truly is essential for society to understand the gravity of this offense as well as need for stringent punishment to prevent likely offenders and ensure justice to the victims and their families.
This Court may interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved via the disciplinary authority is based on no evidence. If your summary or finding is for instance no reasonable person would have ever achieved, the Court may well interfere with the summary or perhaps the finding and mould the relief to really make it proper on the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. Over the aforesaid proposition, we're fortified from the decision from the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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Reasonable grounds can be obtained to the record to attach the petitioner with the commission in the alleged offence. While punishment of your alleged offence does not drop from the prohibitory clause of Section 497, Cr.P.C. yet realized Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is within the credit on the petitioner as accused, therefore, case with the petitioner falls in the exception where bail cannot be granted even from the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, direction has become sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion on the same is hereby reproduced:
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................
This guide presents valuable insights into free online resources offering access to Pakistani case law, helping you navigate the complexities of legal research.
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it necessitates legal transfer of title. Agreement to sell must be generated and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it was the illegal action called legislation of necessity..
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and steadiness. It demonstrates the commitment from the state to protect its citizens and copyright the rule of law.
In order to prove murder, there must be an intention to cause the death of that person along with the action of actually injuring them – and that injury subsequently leading to and causing the death of that person.
P.C. for grant of post arrest bail should even be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are entirely different. more info Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held by the august Supreme Court of Pakistan as under:--