A Review Of case laws on bail
A Review Of case laws on bail
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seventy seven . 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 over 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 while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
101 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it is practical for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to eliminate a case on merit and more importantly when after recording of evidence it's reached to the stage of final arguments, endeavors should be made for merit disposal when it's got attained such stage. Read more
4. It's been noticed by this Court that there is actually a delay of in the future within the registration of FIR which hasn't been explained with the complainant. Moreover, there is not any eye-witness in the alleged incidence and the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners has actually been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram occurred for being the real brothers of your deceased but they didn't react in the least for the confessional statements of the petitioners and calmly noticed 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation regarding why her arrest was not effected after making from the alleged extra judicial confession. It has been held on a lot of occasions that extra judicial confession of the accused is a weak kind of evidence which could be manoeuvred by the prosecution in any case where direct connecting evidence does not appear their way. The prosecution can be depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to presence of some light within the place, where they allegedly observed the petitioners with each other on a motorcycle at four.
12. There isn't any denial from the fact that in Government service it is predicted that the persons having their character over board, free from any moral stigma, are to become inducted. Verification of character and antecedents is usually a condition precedent for appointment to some Government service. The candidates must have good character and read more provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to carry out away with the candidature from the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 133 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp
94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is nicely-settled that the civil servants must first pursue internal appeals within 90 days. When the appeal is not decided within that timeframe, he/she will be able to then method the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the ninety days for your department to act has already expired. Around the aforesaid proposition, we are guided by the decision of the Supreme Court while in the case of Dr.
With the foregoing reasons the moment suit is dismissed with no order concerning cost. Office to prepare decree in the above terms. Read more
Where there are several members of the court deciding a case, there could possibly be a single or more judgments offered (or reported). Only the reason with the decision in the majority can represent a binding precedent, but all could possibly be cited as persuasive, or their reasoning may be adopted within an argument.
The appellant should have remained vigilant and raised his challenge to your Judgment within time. Read more
P.C. Liability of petitioners for the stated offences would be determined through the realized trial Court after sifting the evidentiary worthy of with the material created before the same. Till then, case of
The law of necessity identified and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
Case regulation, also known as precedent, forms the foundation in the Pakistani legal system. Understanding relevant judgments and rulings is very important for interpreting statutes and predicting legal results. Free access to these resources democratizes legal knowledge, empowering citizens and promoting transparency.
To invoke section 300 and 302 just because death has occurred is the greatest tragedy of all. It does the precise opposite of what a legal system is there to complete, i.e. protected its citizens.
In order to preserve a uniform enforcement in the laws, the legal system adheres into the doctrine of stare decisis
The residents argued that the high-voltage grid station would pose a health risk and prospective hazard to local residents. In the end, the court determined the scientific evidence inconclusive, while observing the general craze supports that electromagnetic fields have damaging effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle established out inside the 1992 Rio Declaration around the Environment and Enhancement, the first international instrument that linked environment protection with human rights, whereby The shortage of full scientific certainty should not be used as being a reason to prevent environmental degradation.