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4. Record shows that the petitioner is booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. Though the petitioner has obtained bail in Those people cases, it does, prima facie, establish that the petitioner is susceptible to repeating the offence.
Normally, the burden rests with litigants to appeal rulings (which include These in distinct violation of founded case legislation) towards the higher courts. If a judge acts against precedent, as well as case is just not appealed, the decision will stand.
The mentioned recovery could possibly be used, on the most, for corroboration from 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 occurrence. The mentioned memo of pointation is irrelevant and inadmissible as almost nothing was discovered as a result of such pointation. The place of event as well as the place of throwing the dead body were already inside the knowledge of witnesses prior to their pointation via the petitioners. Reliance is usually placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held through the august Supreme Court of Pakistan as under:
The recent amendment to Section 489-File of your Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the law with contemporary challenges.
Enable’s center on what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.
Any court could seek out to distinguish the present case from that of the binding precedent, to achieve a different conclusion. The validity of such a distinction might or might not be accepted on appeal of that judgment to your higher court.
Normally, only an appeal accepted because of the court of very last resort will resolve these differences and, For numerous reasons, these kinds of appeals are frequently not granted.
Therefore, this petition is found to become not maintainable and is particularly dismissed along with the pending application(s), plus the petitioners may request remedies through the civil court process as circumstantial evidence case law discussed supra. Read more
In the event the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not experienced a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only accomplished Should the employee can show that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to lead evidence as well as petitioner company responded to the allegations as such they were well aware about the allegations and led the evidence as a result this point is ofno use to get seemed into in constitutional jurisdiction at this stage. Read more
Generally speaking, higher courts usually do not have direct oversight over the reduced courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments from the decreased courts.
share or interest of a co-owner in immovable property might also sold to another co-owner/co-sharer or even to an stranger and section 44(Transfer of Property Act 1882)
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.