Detailed Notes on accident case law
Detailed Notes on accident case law
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R.O, Office, Gujranwala and also the police officials did not inform him that the identification parade of the accused has not been conducted however. In the instant case, now the accused attempted to just take advantage of the program aired by SAMAA News, wherein the image in the petitioner was greatly circulated. The police should not have exposed the identity of the accused through electronic media. The regulation lends assurance into the accused that the identity should not be subjected to the witnesses, particularly for that witness to establish the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and produced pics. In addition to, the images shown around the media reveal that a mask wasn't placed over the accused to cover his identity until he was place up for an identification parade. Making photographs in the accused publically, either by showing the same to the witness or by publicizing the same in almost any newspaper or method, would create doubt from the proceedings on the identification parade. The Investigating Officer has to make certain that there isn't any probability to the witness to see the accused before going for the identification parade. The accused should not be shown to the witness in person or through any other manner, i.e., photograph, video-graph, or even the press or electronic media. Presented the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
This Court could interfere where the authority held the proceedings against the delinquent officer within a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached from the disciplinary authority is based on no evidence. Should the summary or finding is such as no reasonable person would have ever reached, the Court might interfere with the conclusion or even the finding and mold the relief to really make it correct into the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. Over the aforesaid proposition, we've been fortified with the decision from the Supreme Court inside the here case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The reason for this difference is that these civil regulation jurisdictions adhere to your tradition that the reader should have the capacity to deduce the logic from the decision along with the statutes.[4]
Upholding Justice: The application in the legislation along with the subsequent punishment from the guilty party provide a feeling of closure and justice into the sufferer’s family and loved types.
Section 302 on the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject matter into the most severe form of punishment permissible under Pakistani law.
When the petitioner is actually present for the place of prevalence without causing any injury towards the deceased or PWs then in this sort of circumstances, whether He's vicariously liable shall be decided with the learned trial Court after recording in the evidence.
This article delves into the intricacies on the recent amendment, accompanied by relevant case law, to provide a comprehensive understanding of its implications and practical applications.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, along with the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as a legally regarded conviction. Read more
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 completely 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 via the august Supreme Court of Pakistan as under:--