5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
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Courts prioritize fairness and copyright fundamental rights whilst respecting the autonomy of educational institutions. On the aforesaid proposition, we are guided via the decision of the Supreme Court from the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. nine. The aforesaid exceptions are missing in the present case. In such circumstances, this petition is found to become not maintainable and it is dismissed accordingly with pending application (s). Read more
The focus is around the intention to cause injury. This is actually a major issue: an extremely small threshold for an offence carrying the death penalty.
4. It has been noticed by this Court that there is actually a delay of one day from the registration of FIR which has not been explained via the complainant. Moreover, there is no eye-witness with the alleged event plus the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners has 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 happened being the real brothers of the deceased but they did not react in the least to the confessional statements from the petitioners and calmly observed them leaving, 1 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation as to why her arrest was not effected after making on the alleged extra judicial confession. It has been held on numerous situations that extra judicial confession of an accused is actually a weak form of evidence which can be manoeuvred via the prosecution in any case where direct connecting evidence does not come their way. The prosecution can also be depending 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 existence of some light within the place, where they allegedly observed the petitioners together on the motorcycle at four.
competent authority and if any appeal or representation is filed the same shall be decided(Promotion)
The explained recovery can be used, at the most, for corroboration from the main evidence, but by itself it cannot be considered a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The reported memo of pointation is irrelevant and inadmissible as practically nothing was discovered as a result of these kinds of pointation. The place of incidence and also the place of throwing the dead body click here were already in the knowledge of witnesses ahead of their pointation via the petitioners. Reliance can also be placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held with the august Supreme Court of Pakistan as under:
This Court might interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved through the disciplinary authority is based on no evidence. In the event the summary or finding is like no reasonable person would have ever achieved, the Court may possibly interfere with the summary or maybe the finding and mold the relief to make it acceptable into the facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. To the aforesaid proposition, we've been fortified via the decision of the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for that loss of a life. It allows the legal system to impose a proportional punishment within the offender, making certain They're held accountable for their actions.
There are countless situations where death was never intended – even more where These nominated within the FIR were not present when the injury or death occurred. The death of a human being is actually a tragic event. Even so the death of any residing being isn't any significantly less a tragic event.
In federal or multi-jurisdictional law systems there may perhaps exist conflicts between the assorted decreased appellate courts. Sometimes these differences might not be resolved, and it could be necessary to distinguish how the legislation is applied in a single district, province, division or appellate department.
Therefore, this petition is found to get not maintainable and is also dismissed along with the pending application(s), and also the petitioners may possibly look for remedies through the civil court process as discussed supra. Read more
Alternative Punishment: In some cases, the court may have the discretion to award life imprisonment being an alternative to your death penalty. Life imprisonment involves the offender spending the remainder of their life driving bars without the possibility of parole or early release.
Article 199 of your Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It truly is effectively-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Section 489-F of your Pakistan Penal Code pertains to offenses involving copyright currency notes and coins. Its primary objective would be to suppress counterfeiting activities and maintain the sanctity with the national currency.
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year aged boy from his home to protect him from the Awful physical and sexual abuse he had experienced in his home, and also to prevent him from abusing other children inside the home. The boy was placed in an unexpected emergency foster home, and was later shifted close to within the foster care system.