Courts prioritize fairness and copyright fundamental rights while respecting the autonomy of educational institutions. Over the aforesaid proposition, we have been guided via the decision with the Supreme Court in the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court ninety two. nine. The aforesaid exceptions are missing inside the present case. In these circumstances, this petition is found to be not maintainable and is dismissed accordingly with pending application (s). Read more

Delay in recording confessional statement might not be treated fatal to the case of prosecution(Murder Trial)

four.  It has been noticed by this Court that there is really a delay of in the future within the registration of FIR which hasn't been explained via the complainant. Moreover, there is no eye-witness in the alleged event as well as the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram took place being the real brothers in the deceased but they did not react whatsoever to your confessional statements on the petitioners and calmly saw them leaving, just one 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 search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation as to why her arrest wasn't effected after making with the alleged extra judicial confession. It's been held on a lot of events that extra judicial confession of the accused is a weak type of evidence which could possibly be manoeuvred by the prosecution in any case where direct connecting evidence does not appear their way. The prosecution can also be counting 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 as to existence of some light at the place, where they allegedly noticed the petitioners together over a motorcycle at 4.

کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟

R.O, Office, Gujranwala as well as 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 attempted to get advantage of the program aired by SAMAA News, wherein the picture of the petitioner was commonly circulated. The police should not have exposed the identity from the accused through electronic media. The regulation lends assurance on the accused that the identity should not be exposed 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 made pics. Apart from, the images shown around the media reveal 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 from the accused publically, either by showing the same to your witness or by publicizing the same in almost any newspaper or method, would create doubt during the proceedings from the identification parade. The Investigating Officer has to ensure that there isn't any likelihood for that witness to begin to see the accused before going to your identification parade. The accused should not be shown for the witness in person or through any other manner, i.e., photograph, video-graph, or perhaps the press or electronic media. Presented the reasons elaborated previously mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.

This is because transfer orders are typically deemed within the administrative discretion on the employer. However, there could be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the appropriate forum. Read more

Regulation professors traditionally have played a much lesser role in acquiring case regulation in common regulation than professors in civil regulation. Because court decisions in civil regulation traditions are historically brief[four] and not formally amenable to establishing precedent, much of your exposition from the law in civil regulation traditions is finished by teachers alternatively than by judges; this is called doctrine and could be published in treatises or in journals which include Recueil Dalloz in France. Historically, common regulation courts relied tiny on legal scholarship; Hence, for the turn in the twentieth century, it absolutely was really scarce to see a tutorial writer quoted inside a legal decision (except perhaps for the tutorial writings of outstanding judges like Coke and Blackstone).

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

While quite a few websites offer free case legislation, not all are equally reliable. It’s crucial to evaluate the credibility of your source before relying on the information.

                                                                  

Article 199 with the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It really is properly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

However, it’s essential to note that the application of the death penalty is subject matter to several legal safeguards and because of process to make certain fair trials.

14. While in the light with the position explained over, it really is concluded that a civil servant features a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not 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 within the length of service or within the form of inquiry and departmental action was so taken against his right of promotion. Read more