“There is not any ocular evidence to show that Muhammad Abbas was murdered by any from the present petitioners. Mere fact that Noor Muhammad and Muhammad Din saw firstly the deceased and after far they saw the petitioners going towards the same direction, did not imply that the petitioners were chasing the deceased or were accompanying him. Such evidence cannot be treated as evidence of very last seen.
Delay in recording confessional statement will not be treated fatal to the case of prosecution(Murder Trial)
four. It has been noticed by this Court that there is a delay of someday within the registration of FIR which hasn't been explained through the complainant. Moreover, there isn't any eye-witness from the alleged occurrence and the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession of your 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 them namely Ghulam Dastigir and Mohammad Akram happened for being the real brothers on the deceased but they didn't react in any respect into the confessional statements from the petitioners and calmly observed them leaving, 1 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 fourteen.02.2018 and there isn't any explanation as to why her arrest was not effected after making on the alleged extra judicial confession. It's been held on lots of instances that extra judicial confession of an accused is really a weak form of evidence which may very well be manoeuvred from the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is usually 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 presence of some light in the place, where they allegedly noticed the petitioners together on a motorcycle at 4.
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It's now effectively-settled that considerations for pre-arrest and post-arrest bail are absolutely different, therefore, inside our view the acquired Judge experienced fallen in error to cancel the bail allowed to petitioner from the same Additional Sessions Judge.”
The different roles of case legislation in civil and common law traditions create differences in just how that courts render decisions. Common legislation courts generally explain in detail the legal rationale powering their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the wider legal principles.
Petitioner owning been declared an absconder in this case for over 1 along with a 50 % year generates the apprehension that the petitioner might avoid standing trial and as a result delay the prosecution from the case. The material on record makes the case in the petitioner falls under two exceptions to your rule of grant of bail as mentioned above.
There are plenty of scenarios where death was never supposed – even more where Individuals nominated while in the FIR were not present when the injury or death occurred. The death of the human being is usually a tragic event. However the death of any living being is no a lot less a tragic event.
department concerned shall provide the complete set of ACRs of the concerned officer to DPC perfectly in advance cases for promotin(Promotion)
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When the employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only accomplished In the event the employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence as well as petitioner company responded to your allegations as such they were get more info very well conscious of the allegations and led the evidence therefore this point is ofno use to become appeared into in constitutional jurisdiction at this stage. Read more
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Furthermore, it addresses the limitation period under Article ninety one and a hundred and twenty with the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
This section specifically relates to civil servants who are rendered surplus a result of the reorganization or abolition of the division, department, or office. Non-civil servants, by definition, aren't subject towards the provisions in the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the using organization. Therefore, the provisions of Section 11-A, such as the possibility of being posted to another department, would not use to non-civil servants. Read more