The Definitive Guide to contract act pakistan case law
The Definitive Guide to contract act pakistan case law
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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
Even though the punishment may be severe, its purpose is not solely to seek vengeance but to discourage opportunity offenders and copyright the principles of justice and social order.
4. It's been noticed by this Court that there is often a delay of at some point during the registration of FIR which hasn't been explained because of the complainant. Moreover, there isn't any eye-witness on the alleged occurrence and the prosecution is depending 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 these namely Ghulam Dastigir and Mohammad Akram transpired to get the real brothers in the deceased but they did not respond in the least on the confessional statements on the petitioners and calmly observed them leaving, a single 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 seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation regarding why her arrest was not effected after making of the alleged extra judicial confession. It's been held on numerous events that extra judicial confession of the accused is often a weak kind of evidence which can be manoeuvred via the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is also counting 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 regarding presence of some light with the place, where they allegedly noticed the petitioners with each other with a motorcycle at four.
Section 302 from the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to work as a deterrent and copyright the value of human life. The application with the death penalty or life imprisonment depends within the specifics of each case, such as any extenuating circumstances or mitigating factors.
criminal revision application is dismissed. reduced on the period of his detention in jail he has already undergone(Criminal Revision read more )
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, it is also a well-set up proposition of law 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, use 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 in the charge, however, that is subject towards the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings to the evidence.
In this case, the Supreme Court of Pakistan upheld the death penalty with the accused who intentionally murdered the target.
Any court might look for to distinguish the present case from that of a binding precedent, to succeed in a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment into a higher court.
thirteen. The Supreme Court has held that the moment the act of misconduct is recognized as well as the employee is found guilty after thanks process of law, it's the prerogative from the employer to decide the quantum of punishment, outside of the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness of your act of misconduct is just not adequate but the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful fashion. Read more
When the petitioner is solely present within the place of occurrence without causing any injury towards the deceased or PWs then in this sort of circumstances, whether he is vicariously liable shall be decided through the uncovered trial Court after recording with the evidence.
The death penalty, also known as capital punishment, is definitely the most severe form of punishment for murder under Section 302. It requires the execution with the convicted person like a consequence of their crime.
Generally speaking, higher courts do not have direct oversight over the lessen courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments of your lessen courts.
The latest amendment to this section signifies the legislature’s dedication to maximizing the effectiveness from the legislation in tackling contemporary challenges related to counterfeiting.
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are proven by executive agencies based on statutes.