A Review Of case laws on bail
A Review Of case laws on bail
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لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
Its enforcement with the provision of capital punishment or life imprisonment underscores the value of human life as well as importance of maintaining regulation and order in society.
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment on the grounds of extenuating circumstances. The court acknowledged that even though the crime of murder was proven, the offender had a history of mental illness, which played a significant role in committing the offense. This case established a precedent for taking into consideration mitigating factors during sentencing.
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139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the topic issue, we're of the view that the claim with the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle will not be legally sound, Other than promotion and seniority, not absolute rights, They may be issue to rules and regulations In case the recruitment rules of the topic post permit the case of the petitioners for promotion could be thought of, however, we are clear inside 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 Health, matter to availability of vacancy subject towards the approval on the competent authority.
Reasonable grounds can be found about the record to attach the petitioner with the commission of the alleged offence. Though punishment of your alleged offence does not drop while in the prohibitory clause of Section 497, Cr.P.C. nonetheless discovered Deputy Prosecutor General apprises that another website case of similar nature arising from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is from the credit of the petitioner as accused, therefore, case from the petitioner falls inside 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 been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion from the same is hereby reproduced:
If a target is shot at point-blank selection, it might still be fair to infer that the accused intended death. However, that just isn't always the case.
The Court regarded the case being maintainable under Article 184 (three) Because the Hazard and encroachment alleged were for instance to violate the constitutional right to life when interpreted expansively.
On June sixteen, 1999, a lawsuit was filed on behalf from the boy by a guardian advertisement litem, against DCFS, the social worker, as well as therapist. A similar lawsuit was also filed on behalf with the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court to get a dismissal based on absolute immunity, since they were all acting in their Careers with DCFS.
2. I have read the realized counsel for that parties in addition to realized DPG at size, perused the record and noticed that:-
Apart from the rules of procedure for precedent, the weight given to any reported judgment may perhaps count on the reputation of both the reporter along with the judges.[seven]
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147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay out fixation aren't entertainable to the reasons that such matters are typically handled by administrative or service tribunals, along with the legal grounds for this petition are inadequate as a result this petition is dismissed, which will involve disputed claims and counterclaims on the subject post, therefore this court is not really inside a position to dilate upon this sort of disputes in constitutional jurisdiction. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary on the determination from the current case are called obiter dicta, which constitute persuasive authority but will not be technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]