Article 199 on the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It's well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
“The evidence regarding wajtakkar and extra-judicial confession being relied upon through the prosecution against the petitioner and his earlier mentioned mentioned co-accused namely Hussain Bakhsh has already been opined by the Lahore High Court, Lahore in its order dated 2-12-2010 passed in Criminal Miscellaneous No.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as set forth would not use, because the criminal Court hasn't convicted the petitioner, somewhat he has been acquitted of the criminal charges based on evidence and it is actually well-settled law that once the civil servant is acquitted during the criminal case, then on this really charge he cannot be awarded in any punishment by the department and held him disqualified for the post because acquittal for all future purposes. The aforesaid proposition is set at naught from the Supreme Court of Pakistan inside the case in the District Police Officer Mainwali and 2 others v.
This unfortunate ambiguity results during the legislation regarding murder and manslaughter to be repugnant with Every other.
R.O, Office, Gujranwala and also the police officials did not inform him that the identification parade with the accused has not been conducted still. In the moment case, now the accused attempted to get advantage of the program aired by SAMAA News, wherein the picture in the petitioner was broadly circulated. The police should not have uncovered the identity of your accused through electronic media. The legislation lends assurance to the accused that the identity should not be exposed to the witnesses, particularly with the witness to detect the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and made pictures. Other than, the images shown within the media reveal that a mask wasn't placed over the accused to hide his identity right until he was set up for an identification parade. Making pictures from the accused publically, either by showing the same to your witness or by publicizing the same in any newspaper or program, would create doubt inside the proceedings in the identification parade. The Investigating Officer has to make certain that there is not any likelihood for the witness to see the accused before going to the identification parade. The accused should not be shown for the witness in person or through any other method, i.e., photograph, video-graph, or maybe the push or electronic media. Offered the reasons elaborated higher than, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
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If a target is shot at point-blank range, it may well still be fair to infer that the accused meant death. However, that is not always the case.
forty eight . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice with the Peace u/s 22-A is just not obliged to afford a possibility of hearing for the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is required to look at all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more
This system, to be used by members on the Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.
If granted absolute immunity, the parties would not only be protected from liability in the matter, but couldn't be answerable in any way for their actions. When the court delayed making this kind of ruling, the defendants took their request into the appellate court.
Apart from the rules of procedure for precedent, the weight given to any reported judgment could rely upon the reputation of both the reporter and the judges.[seven]
this Court is remaining with no option but to direct the respondents to inform the promotion from the petitioner in next rank .(Promotion)
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release being a legally identified conviction. Read more
14. Within the light from the position explained above, it's concluded that a civil servant includes a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the length of service or in the form of inquiry and departmental action was so taken against his right of promotion. Read more