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۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔
four. It has been noticed by this Court that there can be a delay of one day while in the registration of FIR which hasn't been explained from the complainant. Moreover, there is not any eye-witness of your alleged occurrence along with the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has long been 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 occurred to generally be the real brothers from the deceased but they didn't respond at all on the confessional statements with the petitioners and calmly saw them leaving, a single 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making on the alleged extra judicial confession. It's been held on numerous events that extra judicial confession of an accused is usually a weak form of evidence which may be manoeuvred from the prosecution in almost any case where direct connecting evidence does not come their way. The prosecution is additionally depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word concerning existence of some light with the place, where they allegedly observed the petitioners together on the motorcycle at four.
Rulings by courts of “lateral jurisdiction” are usually not binding, but could possibly be used as persuasive authority, which is to give substance for the party’s argument, or to guide the present court.
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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 instant Petition under Article 199 of your Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Permit’s center on what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.
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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.
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In the event the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not experienced an opportunity to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only carried out In case the employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to lead evidence as well as the petitioner company responded for the allegations as a result they were very well aware about the allegations and led the evidence therefore this point is ofno use to be appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
14. While in the light of your position explained higher than, it is actually concluded that a civil servant has a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more