In addition to the primary punishment, the court may impose a fine to the offender. The fine’s amount is on the discretion in the court and is intended to function an additional deterrent.
The mentioned case laws offer insights into how the courts interpret and use Section 302, emphasizing the importance of a fair and just legal system. It truly is essential for society to understand the gravity of this offense and also the need for stringent punishment to discourage likely offenders and make certain justice for your victims and their households.
limitation of liability into the extent of the cap provided by the registered mortgage deed(Banking Legislation)
Though there is not any prohibition against referring to case legislation from a state other than the state in which the case is being heard, it holds small sway. Still, if there isn't any precedent during the home state, relevant case law from another state could be regarded from the court.
The mentioned recovery may be used, for the most, for corroboration with the main evidence, but by itself it cannot become a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The said memo of pointation is irrelevant and inadmissible as absolutely nothing was discovered as a result of these types of pointation. The place of occurrence along with the place of throwing the dead body were already within the knowledge of witnesses before their pointation through the petitioners. Reliance can also be placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held by the august Supreme Court of Pakistan as under:
Reasonable grounds are offered within the record to attach the petitioner with the commission of your alleged offence. Even though punishment of the alleged offence does not fall 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 outside of FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is from the credit of the petitioner as accused, therefore, case of your petitioner falls within the exception where bail cannot be granted even while in the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, steering has long been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of the same is hereby reproduced:
6. Mere involvement within here a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled for that concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, due to the fact then he is behind the bars, he is previous non-convict, never involved in almost any case, investigation qua him is complete, his person is no more required for further investigation, therefore, his steady incarceration would not provide any helpful purpose at this stage.
after release from the jail he dropped interest to contest the instant appeal , appeal is dismissed (Criminal Jail Appeal )
When the petitioner is just present on the place of incidence without causing any injury on the deceased or PWs then in this sort of circumstances, whether He's vicariously liable shall be decided because of the learned trial Court after recording from the evidence.
The scrupulous reader could have noticed one thing over: a flaw. Past the first seven words, the definition focuses to the intention to cause “Injury,” not the intention to cause death. The two simple elements that must be proven in order to convict a person of the crime are “
This article delves into the intricacies from the recent amendment, accompanied by relevant case law, to deliver an extensive understanding of its implications and useful applications.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion will be the vested right of the civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular duration of service for turning into entitled to be deemed for promotion to the higher grade, of course, isn't without logic given that the officer who's in the beginning inducted to a particular post needs to provide around the explained post to gain experience to hold the next higher post and to provide the public inside a befitting method.
Finding reliable free case legislation sites might be challenging. Numerous websites demand subscriptions or offer limited information. This article helps you navigate the landscape of free case law resources in Pakistan, providing you with a curated list of reliable and accessible platforms.
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