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................
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the regulation laid down because of the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department with the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay the pension amount and other ancillary benefits for the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority in the respondent can be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
four. It has been noticed by this Court that there can be a delay of in the future inside the registration of FIR which hasn't been explained with the complainant. Moreover, there is no eye-witness in the alleged incidence as well as the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession on 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 took place for being the real brothers from the deceased but they didn't react in the least into the confessional statements of your petitioners and calmly observed them leaving, one particular 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 appear much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation regarding why her arrest was not effected after making of your alleged extra judicial confession. It's been held on a lot of occasions that extra judicial confession of an accused is often a weak kind of evidence which could possibly be manoeuvred through the prosecution in any case where direct connecting evidence does not arrive their way. The prosecution is additionally relying 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 collectively on the motorcycle at 4.
This unfortunate ambiguity results within the law regarding murder and manslaughter to get repugnant with Each individual other.
The stated recovery might be used, at the most, for corroboration in the main evidence, but by itself it cannot become a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The reported memo of pointation is irrelevant and inadmissible as absolutely nothing was discovered because of this kind of pointation. The place of occurrence along with the place of throwing the dead body were already in the knowledge of witnesses ahead of their pointation with the petitioners. Reliance can also be placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held by the august Supreme Court of Pakistan as under:
The recent amendment to Section 489-F with the 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 legislation with contemporary challenges.
The ruling on the first court created case law that must be followed by other courts until eventually or Unless of course possibly new law is created, or possibly a higher court rules differently.
Upholding Justice: The application from the regulation and the subsequent punishment of the guilty party provide a sense of closure and justice for the target’s family and loved kinds.
Usually, only an appeal accepted with the court of past resort will resolve these differences and, For most reasons, these types of appeals are often not granted.
I) The above referred case FIR, for that murder of deceased namely Muhammad Sajjad, was registered on the complaint of Muhammad Sharif son of Ghulam Farid who's father with the petitioner and as per story of FIR, the petitioner is really an eyewkness of the event.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to generally be gathered via the parties – specifically regarding the get more info issue of absolute immunity.
This article delves into the intricacies on the recent amendment, accompanied by relevant case law, to offer an extensive understanding of its implications and practical applications.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to your healthy environment. This decision is particularly significant as there are no specific provisions during the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it is important that the case recognized the application from the precautionary principle where there is usually a risk to environmental rights, and emphasised the positive obligations in the State in protecting the right into a clean and healthy environment.
Stacy, a tenant within a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not specified her more than enough notice before raising her rent, citing a whole new state law that requires a minimum of ninety times’ notice. Martin argues that the new law applies only to landlords of large multi-tenant properties.