Article 199 on the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It truly is well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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4. It has been noticed by this Court that there can be a delay of at some point while in the registration of FIR which hasn't been explained through the complainant. Moreover, there isn't any eye-witness with the alleged event plus the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners continues to be 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 occurred to become the real brothers in the deceased but they didn't react in the least to the confessional statements in the petitioners and calmly noticed them leaving, a person 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 search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation concerning why her arrest wasn't effected after making with the alleged extra judicial confession. It's been held on countless events that extra judicial confession of the accused is really a weak sort of evidence which could possibly be manoeuvred with the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution can be 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 as to presence of some light with the place, where they allegedly observed the petitioners together on a motorcycle at four.
maintaining the conviction awarded towards the appellant reduce the sentence of your appellant from imprisonment for life to one already undergone(Pakistan Penal Code)
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is anticipated that the persons having their character earlier mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is really a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to try and do away with the candidature of your petitioner. Read more
Reasonable grounds are available around the record to attach the petitioner with the commission in the alleged offence. Even though punishment from the alleged offence does not drop while in the prohibitory clause of Section 497, Cr.P.C. nevertheless figured out Deputy Prosecutor General apprises that another case of similar nature arising from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is within the credit with the petitioner as accused, therefore, case with the petitioner falls inside the exception where bail cannot be granted even in the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, guidance has become sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion on the same is hereby reproduced:
In this case, the Supreme Court of Pakistan upheld the death penalty with the accused who intentionally murdered the target.
Any court may well seek out to distinguish click here the present case from that of a binding precedent, to reach a different summary. The validity of such a distinction might or might not be accepted on appeal of that judgment into a higher court.
The prosecution presented substantial evidence, together with eyewitness testimonies and expert forensic analysis, confirming the copyright nature on the seized currency.
The regulation of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it was the illegal action called legislation of necessity..
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[3] For example, in England, the High Court along with the Court of Appeals are Just about every bound by their have previous decisions, however, Because the Practice Statement 1966 the Supreme Court in the United Kingdom can deviate from its earlier decisions, Though in practice it hardly ever does. A notable example of when the court has overturned its precedent is definitely the case of R v Jogee, where the Supreme Court in the United Kingdom ruled that it along with the other courts of England and Wales had misapplied the regulation for approximately 30 years.
dismissed as not pressed and sentences awarded to your appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )