Thursday, 5 January 2017

IMPORTANT CASE LAWS OF 2015



IMPORTANT CASE LAWS OF 2015
(PLD,SCMR,P.CR.R.)
PLD 2015 SC 242
PLD 2015 SC 66
PLD 2015 SC 250
Filing of private complainant is no ground to grant bail in state case even the proceeding has been stopped in state case.
2015 SCMR 1077
Sentencing policy of Narcotics is not relevant at bail stage.
2015 SCMR 735
If the quantity of Narcotics is more than one K.G but less the 10 k.G, punishment should be for a period of greater than seven years to anything less than fourteen years
2015 SCMR 56
If the accused is summoned to face trial in private complaint, court required to direct him to execute bound for his appearance.
2015 SCMR 423
No one should be convicted and sentenced to death on a capital charge merely if he plead guilty to the charge but some evidence must be recorded in support for conviction.
2015 SCMR 1142
2015 P.Cr.R 99
Rule of consistency should be fallowed in final decision of the case in conviction or acquittal.
2015 SCMR 1570
Convict/accused should be surrendered for imprisonment before filing of appeal and suspension.
PLD 2015 SC 15
Section 35 & 397 Cr.P.C conviction of several offences at one trial or different trial. How run?
PLD 2015 SC 41
Second bail application needs fresh ground if earlier was withdrawn after arguments at some length. (reliance PLD 2014 SC 241)
PLD 2015 SC 145
Principle of falsus in uno falsus omnibus is not applicable in Pakistan
PLD 2015 SC 77
Implementation of Qisas & Deyat in Murder case. (Detail judgment on section 299, 302,304,306,307,308.311 PPC)
PLD 2015 SC 50
PLD 2015 SC 145
Principle of expectancy of life in no ground to convert death sentence into life imprisonment if delay is caused in execution.
PLD 2015 Lah 272(M)
Right of fair trial under Article 10-A of Constitution. Basic Ingredients.
PLD 2015 Lah 213
Exhumation without the consent of legal heirs/family is not allowed.
PLD 2015 Lah 93
Taking of cognizance is not commencement of trial, it commences when the charge framed.
PLD 2015 Lah 1
Appeal filed by the accused who had absconded after suspension of his sentence, could be decided on merits by the appellate court even in his absence.
PLD 2015 Lah 426
Conviction could be based on the testimony of single witness even in murder case.
PLD 2015 Lah 512
Section 544-A of Cr.P.C qualifying victim of rape or sodomy to entitle for compensation.
PLD 2015 Lah 84
Deletion or insertion of any offence falls within the exclusive domain of the investigation police agency and District Public Prosecutor.
PLD 2015 Lah 231
Information through SMS is validly accepted U/A 73 & 164 QSO.
2015 P.Cr.R 1249
Deyat of prevailing year is applicable when the decision is passed.
2015 P.Cr.R 721
There is no provision of law which required the sending the whole recovered narcotics for chemical analysis.
PLD 2015 Isl 85 (e)
2015 P.Cr.R 230
Prosecution is not bound to produce all witnesses. Material and nature witnesses are sufficient.
PLD 2015 Isl 85 (c)
Press clipping could be considered and looked into as corroborated material in the presence of some other direct impeachable and confidence inspiring evidence but their own strength, press clipping were not enough to prove the existence of certain fact.
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