5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
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“There is not any ocular evidence to show that Muhammad Abbas was murdered by any of your present petitioners. Mere fact that Noor Muhammad and Muhammad Din noticed firstly the deceased and after a long way they noticed the petitioners going towards the same direction, did not imply that the petitioners were chasing the deceased or were accompanying him. These evidence cannot be treated as evidence of previous seen.
ninety three . 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 properly-established proposition of regulation 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is topic for the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings on the evidence.
Capital Punishment: Section 302 PPC delivers for the death penalty as the primary form of punishment for intentional murder. The offender might be sentenced to death as retribution for taking the life of another human being unlawfully.
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R.O, Office, Gujranwala plus the police officials didn't inform him that the identification parade of your accused has not been conducted nevertheless. In the moment case, now the accused attempted to get advantage of the program aired by SAMAA News, wherein the image from the petitioner was greatly circulated. The police should not have uncovered the identity from the accused through electronic media. The regulation lends assurance to the accused that the identity should not be subjected to the witnesses, particularly for the witness to recognize the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and developed photographs. Aside from, the images shown to the media reveal that a mask wasn't placed over the accused to cover his identity until eventually he was put up for an identification parade. Making pictures on the accused publically, both by showing the same for the witness or by publicizing the same in any newspaper or plan, would create doubt during the proceedings in the identification parade. The Investigating Officer has to be sure that there is not any prospect for that witness to see the accused before going to the identification parade. The accused should not be shown to your witness in person or through any other method, i.e., photograph, video-graph, or perhaps the push or electronic media. Offered the reasons elaborated above, 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 around 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 during the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
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................
The issue here is that an accused may say that they intended to injure the sufferer, but they didn't intend to eliminate them. In other words, they could claim that thedeath that resulted due to accused’s attack was neither foreseeable nor intended.
Case law, also used interchangeably with common legislation, is a regulation that is based on precedents, that is the judicial decisions from previous cases, somewhat than legislation based on constitutions, statutes, or regulations. Case law uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
Therefore, this petition is found to generally be not maintainable which is dismissed along with the pending application(s), plus the petitioners may perhaps seek out remedies through the civil court process as discussed supra. Read more
The appellate court determined that the trial court had not erred in its decision to allow more time for information being gathered through the parties – specifically regarding the issue of absolute immunity.
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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 while in the Pakistani Constitution regarding environmental protection. In relation to environmental law in Pakistan, it truly is important that the case established the application on the precautionary principle where there is often a threat to environmental rights, and emphasized the positive obligations of your State in protecting the right to the clean and healthy environment.
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