The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative from the law laid down with the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of the parent department from the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and shell out the pension amount and other ancillary benefits to your petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is additionally directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
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The said recovery may be used, for the most, for corroboration in the main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The reported memo of pointation is irrelevant and inadmissible as practically nothing was discovered on account of this sort of pointation. The place of incidence together with the place of throwing the dead body were already within the knowledge of witnesses just before their pointation through the petitioners. Reliance is also placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held with the august Supreme Court of Pakistan as under:
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Petitioner obtaining been declared an absconder in this case for over one and also a half year generates the apprehension that the petitioner may possibly avoid standing trial and that's why delay the prosecution of the case. The material on record makes the case on the petitioner falls under two exceptions for the rule of grant of bail as mentioned above.
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nine. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
2. I have heard the realized counsel for that parties along with uncovered DPG at length, perused the record and observed that:-
How much sway case regulation holds may vary by jurisdiction, and by the exact circumstances in the current case. To check out this concept, look at the following case legislation definition.
Generally speaking, higher courts don't have direct oversight over the lessen courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments on the reduced courts.
In addition, it addresses the limitation period under Article 91 and 120 website of your Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination of your current case are called obiter dicta, which constitute persuasive authority but are not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[4]