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The court emphasised that in cases of intentional murder, the gravity on the offense demands the most stringent punishment, thinking of the sanctity of human life and deterrence for opportunity offenders.

four.  It's been noticed by this Court that there is a delay of one day during the registration of FIR which has not been explained by the complainant. Moreover, there isn't any eye-witness of the alleged occurrence as well as prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has become 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 transpired to generally be the real brothers in the deceased but they didn't respond in any respect towards the confessional statements of the petitioners and calmly saw them leaving, one 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 is not any explanation concerning why her arrest was not effected after making on the alleged extra judicial confession. It's been held on numerous situations that extra judicial confession of an accused is really a weak kind of evidence which could possibly be manoeuvred via the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is usually 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 concerning existence of some light on the place, where they allegedly observed the petitioners together with a motorcycle at 4.

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three.  I have heard the learned counsel to the parties and have gone through the record of this case with their equipped assistance.

eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of your Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.

Law professors traditionally have played a much smaller sized role in establishing case legislation in common law than professors in civil law. Because court decisions in civil law traditions are historically brief[4] instead of formally amenable to establishing precedent, much of the exposition on the legislation in civil legislation traditions is finished by academics instead than by judges; this is called doctrine and will be published in treatises or in journals for example Recueil Dalloz in France. Historically, common regulation courts relied very little on legal scholarship; thus, in the turn in the twentieth century, it had been quite exceptional to see an academic writer quoted in a legal decision (except Possibly to the educational writings of distinguished judges for example Coke and Blackstone).

There are many cases where death was never meant – even more where Individuals nominated within the FIR were not present when the injury or death occurred. The death of the human being is often a tragic event. Though the death of any residing being isn't any significantly less a tragic event.

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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Offered the legal analysis on the topic issue, we're with the view that the claim of your petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is not really legally seem, Apart from promotion and seniority, not absolute rights, These are subject to rules and regulations In the event the recruitment rules of the subject post permit the case with the petitioners for promotion may very well be viewed as, however, we've been crystal clear in our point of view that contractual service cannot be deemed for seniority and promotion as being the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Conditioning, topic to availability of vacancy matter into the approval on the competent authority.

Finally, an important contribution of this case which was accepted for consideration because of the Court under Article 184 (three), has been setting a precedent which allows for much easier access towards the public to strategy the superior courts as well as subordinate courts on environment related issues.

10. Without touching the merits with the case in the issue of once-a-year increases while in the pensionary emoluments on the petitioner, more info in terms of policy decision of your provincial government, this kind of annual increase, if permissible during the case of employees of KMC, involves further assessment being made from the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more

Because of this, basically citing the case is more more likely to annoy a judge than help the party’s case. Imagine it as calling another person to inform them you’ve found their missing phone, then telling them you live in these-and-these types of community, without actually giving them an address. Driving around the neighborhood seeking to find their phone is probably going being more frustrating than it’s value.

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