A REVIEW OF CASE LAWS ON BAIL

A Review Of case laws on bail

A Review Of case laws on bail

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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.

ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, Additionally it is a effectively-established proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic towards the procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings around the evidence.

Google Scholar – an enormous database of state and federal case legislation, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.

Ordinarily, the burden rests with litigants to appeal rulings (like These in apparent violation of founded case law) on the higher courts. If a judge acts against precedent, and the case is not appealed, the decision will stand.

R.O, Office, Gujranwala along with the police officials did not inform him that the identification parade of the accused hasn't been conducted yet. In the moment case, now the accused tried to consider advantage of the program aired by SAMAA News, wherein the image of your petitioner was commonly circulated. The police should not have exposed the identity on the accused through electronic media. The regulation lends assurance for the accused that the identity should not be exposed to the witnesses, particularly for your witness to recognize the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and made photos. In addition to, the images shown on the media expose that a mask wasn't placed over the accused to hide his identity until finally he was set up for an identification parade. Making photographs of your accused publically, possibly by showing the same for the witness or by publicizing the same in any newspaper or method, would create doubt within the proceedings from the identification parade. The Investigating Officer has to be certain that there is not any prospect for that witness to begin to see the accused before going to your identification parade. The accused should not be shown into the witness in person or through any other manner, i.e., photograph, video-graph, or the push or electronic media. Specified the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.

The presiding judge emphasised the need to address the evolving techniques used by counterfeiters, noting that the amendment’s inclusion of technological areas allows for the more thorough legal response.

Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for the loss of the life. It allows the legal system to impose a proportional punishment around the offender, making certain They are really held accountable for their actions.

The court cannot hear the transfer order challenge because it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders holding in view that one of many respondents has retired from service as pointed out by the counsel to the respondent university. twelve. The petition and applications pending therein stand dismissed with no order as to costs. Read more

In 1997, the here boy was placed into the home of John and Jane Roe to be a foster child. Even though the few experienced two young children of their own at home, the social worker didn't convey to them about the boy’s history of both being abused, and abusing other children. When she made her report to your court the following working day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the couple experienced younger children.

If granted absolute immunity, the parties would not only be protected from liability from the matter, but couldn't be answerable in any way for their actions. When the court delayed making this kind of ruling, the defendants took their request to the appellate court.

The DCFS social worker in charge in the boy’s case experienced the boy made a ward of DCFS, and in her six-month report to your court, the worker elaborated within the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.

PACER allows everyone with an account to search and Find appellate, district, and bankruptcy court case and docket information. Register for your PACER account.

Section 489-File of the Pakistan Penal Code pertains to offenses involving copyright currency notes and coins. Its primary objective would be to curb counterfeiting activities and maintain the sanctity from the national currency.

P.C. for grant of post arrest bail should even be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are entirely different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held because of the august Supreme Court of Pakistan as under:--

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