Examine This Report on case law on section 395 ppc convictions
Examine This Report on case law on section 395 ppc convictions
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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 moment Petition under Article 199 in the Constitution based about 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 inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon by the prosecution against the petitioner and his previously mentioned mentioned co-accused namely Hussain Bakhsh has already been opined because of the Lahore High Court, Lahore in its order dated 2-twelve-2010 passed in Criminal Miscellaneous No.
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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؟
R.O, Office, Gujranwala and the police officials didn't inform him that the identification parade from the accused hasn't been conducted still. In the moment case, now the accused tried to get advantage of the program aired by SAMAA News, wherein the image with the petitioner was extensively circulated. The police should not have uncovered the identity from the accused through electronic media. The law lends assurance to your accused that the identity should not be subjected to the witnesses, particularly for the witness to detect the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and manufactured photos. Other than, the images shown within the media expose that a mask was not placed over the accused to hide his identity right up until he was set up for an identification parade. Making photographs of the accused publically, both by showing the same to the witness or by publicizing the same in almost any newspaper or plan, would create doubt while in the proceedings of the identification parade. The Investigating Officer has to guarantee that there is not any opportunity for that witness to begin to see the accused before going into the identification parade. The accused should not be shown towards the witness in person or through any other mode, i.e., photograph, video-graph, or even the push or electronic media. Supplied the reasons elaborated higher than, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of your Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal website remedy just after involvement within the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government organizations in regards to projects that could most likely pose a public risk. This case is usually noteworthy, “because it laid down the foundations of all long run public interest litigation brought before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found from the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is actually a right to life itself.
6. Mere involvement in a very heinous offence is not any ground for refusing bail to an accused who otherwise becomes entitled for the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, given that then He's guiding the bars, He's previous non-convict, never involved in any case, investigation qua him is complete, his person isn't any more required for further investigation, therefore, his constant incarceration would not provide any helpful purpose at this stage.
The prosecution presented substantial evidence, like eyewitness testimonies and expert forensic analysis, confirming the copyright nature on the seized currency.
This case has long been cited in numerous subsequent judgments, particularly in cases involving constitutional regulation, judicial independence, and also the rule of regulation.
In order to prove murder, there has to 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.
Section 489-File with the Pakistan Penal Code pertains to offenses involving copyright currency notes and coins. Its primary objective would be to control counterfeiting activities and maintain the sanctity with the national currency.
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