5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
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5. Realized Deputy Prosecutor General and counsel to the complainant further argued that during the investigation in the case the petitioner Mst. Mubeena Bibi led on the recovery of sleeping capsules on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore has long been created before the Court wherein the sleeping pills were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected inside the liver although not from the abdomen. Therefore, the recovery of said sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Figured out Deputy Prosecutor General and also counsel for the complainant have also argued that during the investigation on the case the petitioner Bhoora led towards the recovery of the motorcycle.
However, Should the same person were charged with section 300 and 302, their defence that they never intended to eliminate the person – and that They simply planned to injure them or incapacitate them –, will are unsuccessful, given that the elements of the offence only require the intent to cause injury to be proven, not the intention to cause death.
four. It has been noticed by this Court that there is usually a delay of sooner or later from the registration of FIR which has not been explained via the complainant. Moreover, there isn't any eye-witness from the alleged occurrence and the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession on 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 these namely Ghulam Dastigir and Mohammad Akram transpired for being the real brothers from the deceased but they didn't respond in any way to the confessional statements in 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 on the alleged extra judicial confession. It has been held on a great number of events that extra judicial confession of the accused can be a weak variety of evidence which could be manoeuvred by the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is also 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 concerning presence of some light within the place, where they allegedly observed the petitioners together on a motorcycle at 4.
Rulings by courts of “lateral jurisdiction” are certainly not binding, but could possibly be used as persuasive authority, which is to give substance towards the party’s argument, or to guide the present court.
R.O, Office, Gujranwala as well as police officials didn't inform him that the identification parade of your accused hasn't been conducted however. In the instant case, now the accused attempted to consider advantage of the program aired by SAMAA News, wherein the image with the petitioner was widely circulated. The police should not have exposed the identity of the accused through electronic media. The regulation lends assurance on the accused that the identity should not be exposed to the witnesses, particularly with the witness to identify 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 produced images. Other than, the images shown about the media reveal that a mask wasn't placed over the accused to hide his identity right until he was put up for an identification parade. Making images on the accused publically, both by showing the same on the witness or by publicizing the same in almost any newspaper or system, would create doubt while in the proceedings of the identification parade. The Investigating Officer has to be certain that more info there is no possibility for your witness to see the accused before going for the identification parade. The accused should not be shown to your witness in person or through any other manner, i.e., photograph, video-graph, or even the push or electronic media. Supplied the reasons elaborated previously mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
In this site post, we will delve into the details of Section 302 PPC, Discovering its provisions plus the gravity of its punishment.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for the loss of a life. It allows the legal system to impose a proportional punishment within the offender, making certain These are held accountable for their actions.
Some pluralist systems, including Scots regulation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, usually do not exactly match into the dual common-civil regulation system classifications. These types of systems may perhaps have been seriously influenced because of the Anglo-American common regulation tradition; however, their substantive regulation is firmly rooted inside the civil legislation tradition.
Case law, also used interchangeably with common law, is a regulation that is based on precedents, that is definitely the judicial decisions from previous cases, alternatively than regulation based on constitutions, statutes, or regulations. Case legislation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
Therefore, this petition is found to generally be not maintainable and it is dismissed along with the pending application(s), as well as the petitioners could look for remedies through the civil court process as discussed supra. Read more
Finally, an important contribution of this case which was accepted for consideration with the Court under Article 184 (3), has actually been setting a precedent which allows for much simpler access on the public to approach the superior courts plus the subordinate courts on environment related issues.
Generally speaking, higher courts will not have direct oversight over the lessen courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments of the reduce courts.
Section 489-F of the Pakistan Penal Code pertains to offenses involving copyright currency notes and coins. Its primary objective is usually to suppress counterfeiting activities and maintain the sanctity of your national currency.
The residents argued that the high-voltage grid station would pose a health risk and prospective hazard to local residents. In the end, the court determined the scientific evidence inconclusive, while observing the general development supports that electromagnetic fields have unfavorable effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle established out inside the 1992 Rio Declaration over the Environment and Growth, the first international instrument that linked environment protection with human rights, whereby the lack of full scientific certainty should not be used to be a reason to prevent environmental degradation.