لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
101 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it is convenient for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to get rid of a case on merit and more importantly when after recording of evidence it's got achieved into a stage of final arguments, endeavors should be made for benefit disposal when it has reached such stage. Read more
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The convictions and sentences Upheld, as misappropriation was committed from the bank and because only the appellants were posted at the relevant time .(Criminal Appeal )
R.O, Office, Gujranwala as well as the police officials did not inform him that the identification parade on the accused hasn't been conducted yet. In the instant case, now the accused made an effort to get advantage of the program aired by SAMAA News, wherein the image of your petitioner was broadly circulated. The police should not have exposed the identity from the accused through electronic media. The law lends assurance on the accused that the identity should not be exposed to the witnesses, particularly with the witness to detect 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 created photos. In addition to, the images shown on the media reveal that a mask was not placed over the accused to cover his identity until he was set up for an identification parade. Making pictures with the accused publically, either by showing the same to the witness or by publicizing the same in almost any newspaper or software, would create doubt in the proceedings on the identification parade. The Investigating Officer has to be sure that there isn't any opportunity for your witness to begin to see the accused before going to your identification parade. The accused should not be shown on the witness in person or through any other mode, i.e., photograph, video-graph, or perhaps the push or electronic media. Offered the reasons elaborated previously mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
Reasonable grounds can be found on the record to attach the petitioner with the commission from the alleged offence. Although punishment from the alleged offence does not fall inside the prohibitory clause of Section 497, Cr.P.C. still acquired Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is within the credit of your petitioner as accused, therefore, case with the petitioner falls during the exception where bail cannot be granted even during the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, guidance is sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of the same is hereby reproduced:
The ruling of the first court created case law that must be accompanied by other courts until finally or Except if both new regulation is created, or perhaps a higher court rules differently.
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to stick to.
This ruling has conditions, and Because the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. nine. In view of the above mentioned facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
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Article 199 in the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It can be properly-settled that an aggrieved person must exhaust accessible 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
Additionally, it addresses the limitation period under Article ninety one here and one hundred twenty from the 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 for the determination of the current case are called obiter dicta, which constitute persuasive authority but aren't technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[4]