“There is no ocular evidence to show that Muhammad Abbas was murdered by any of your present petitioners. Mere fact that Noor Muhammad and Muhammad Din observed firstly the deceased and after a long way they saw the petitioners going towards the same direction, didn't imply that the petitioners were chasing the deceased or were accompanying him. This kind of evidence cannot be treated as evidence of past witnessed.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, it is also a effectively-established 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 a fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is issue to your procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings on the evidence.
4. It has been noticed by this Court that there is a delay of in the future within the registration of FIR which has not been explained because of the complainant. Moreover, there is not any eye-witness with the alleged event as well as the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has long 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 transpired for being the real brothers in the deceased but they didn't react at all to your confessional statements with 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 glimpse much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making from the alleged extra judicial confession. It's been held on a great number of situations that extra judicial confession of the accused is a weak style of evidence which could be manoeuvred by the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution is usually counting 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 regarding presence of some light for the place, where they allegedly noticed the petitioners with each other with a motorcycle at four.
maintaining the conviction awarded for the appellant reduce the sentence of the appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually very well-settled that the civil servants must first go after internal appeals within 90 times. Should the appeal will not be decided within that timeframe, he/she will then approach the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety times for that department to act has already expired. About the aforesaid proposition, we are guided via the decision from the Supreme Court during the case of Dr.
The recent amendment to Section 489-File in 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 law with contemporary challenges.
If a target is shot at point-blank variety, it may well still be fair to infer that the accused supposed death. However, that will not be always the case.
The appellant should have remained vigilant and raised his challenge towards the Judgment within time. Read more
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it requires legal transfer of title. Agreement to sell must be produced and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
two. I have listened to the figured out counsel for that parties as well as acquired DPG at duration, perused the record and noticed that:-
The appellate court determined that the trial court had not erred in its decision to allow more time for information to be gathered because of the parties – specifically regarding the issue of absolute immunity.
[3] For example, in England, the High Court and also the Court of Appeals are Each individual bound by their have previous decisions, however, Because the Practice Statement 1966 the Supreme Court from the United Kingdom can deviate from its earlier decisions, While in practice it not often does. A notable example of when the court has overturned its precedent is definitely the case of R v Jogee, where the Supreme Court of your United Kingdom ruled that it plus the other courts of England and Wales experienced misapplied the regulation for just about 30 years.
share or interest of the co-owner in immovable property might also sold to another co-owner/co-sharer or simply to an stranger and section forty four(Transfer of Property Act 1882)
The decision further directed the government of Pakistan to establish a commission of internationally known and regarded researchers to review and rule on potential grid station projects. In more info addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power lines.