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Showing posts with the label Best High Court Lawyer

A miscarriage of justice, which may arise from acquittal of guilty, is no less than from conviction of an innocent

PLJ 2021 Cr.C. 1465 (DB) [Balochistan High Court, Quetta] Present:  Muhammad Kamran Khan Mulakhail and Rozi Khan Barrech,  JJ . CHAIRMAN NAB through Prosecutor General Accountability, NAB HQ, Shahrah-e-Jamhuriat, Islamabad--Appellant versus ZAHOOR TAJ etc.--Respondents Crl. Acquittal Ehtesab Appeal No. 28 of 2019, decided on 26.10.2020. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 265-K & 249-A--Exercise of powers--There is no embargo on appellate Court reviewing evidence, upon which an order of acquittal is based--Generally, order of acquittal shall not be interfered with, because presumption of innocence of accused is further strengthened by acquittal--However, in appeal or revisional proceedings, order of acquittal of accused under Section 249-A or Section 265-K of Cr.P.C. would not have same sanctity as orders of acquittal on merits--Consequently, principles, which are to be observed and applied in setting aside findings of acquittal, or principles, relating to ...

Dismissal on the principle of Res Judicata

PLJ 2009 SC 923 [Appellate Jurisdiction] Present: Iftikhar Muhammad Chaudhry, CJ., Ch. Ijaz Ahmed & Mahmood Akhtar Shahid Siddiqui, JJ. MUHAMMAD ANWAR & others--Appellant versus FEDERATION OF PAKISTAN through Secretary Establishment Division & others--Respondents Civil Appeal No. 2243 of 2008 and 273 of 2009, decided 15.6.2009. (On appeal from the judgment/order dated 6.10.2008 passed by Islamabad High Court, Islamabad, in ICA No. 50/2008). Res-judicata-- ----Principle of--Causes of action in both constitutional petitions were entirely different--High Court erred in law to dismiss the petition on principle of res-judicata--Parties did not bring the notice the controversy arising in first round of litigation and present litigation--Validity--Appellants had challenged the vires of the order of Wafaqi Mohtasib in the second round of litigation which was passed on their complainant and also order of president which was passed on their representation whereas in to earlier round ...