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 with the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and within 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 via the prosecution against the petitioner and his earlier mentioned mentioned co-accused namely Hussain Bakhsh has already been opined because of the Lahore High Court, Lahore in its order dated 2-12-2010 passed in Criminal Miscellaneous No.

Capital Punishment: Section 302 PPC delivers for the death penalty given that the primary form of punishment for intentional murder. The offender may be sentenced to death as retribution for taking the life of another human being unlawfully.

When there isn't any prohibition against referring to case legislation from a state other than the state in which the case is being heard, it holds small sway. Still, if there is no precedent in the home state, relevant case regulation from another state may very well be considered by the court.

The reported recovery could be used, for the most, for corroboration with the main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The claimed memo of pointation is irrelevant and inadmissible as absolutely nothing was discovered because of this kind of pointation. The place of event along with the place of throwing the dead body were already during the knowledge of witnesses just before their pointation with the petitioners. Reliance can be placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held via the august Supreme Court of Pakistan as under:

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 towards the main case, Additionally it is a very well-founded proposition of law get more info 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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, apply 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 from the charge, however, that is matter on the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings on the evidence.

In this case, the Supreme Court of Pakistan upheld the death penalty for the accused who intentionally murdered the sufferer.

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The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor diploma(s) in the topic of cooperative societies. Read more

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Apart from the rules of procedure for precedent, the load specified to any reported judgment could count on the reputation of both the reporter as well as judges.[seven]

Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Except case is experimented with(Bail Matters)

However, it’s essential to note that the application of the death penalty is subject matter to several legal safeguards and owing process to be sure fair trials.

Pakistan’s legal system will not be without flaws: overhauling is overdue as well as legislation regarding murder involves severe reconsideration and clarification. To the time being, the minimum that can be achieved is to ensure that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.