Administration of Justice
 

بسم اللہ الرحمن الرحیم
میں نےکچھ عدالتی فیصلہ جات کو آپ لوگوں کے لیے اپ لوڈ کیاہے۔ اگر اچھا جواب موصول ہوا، تو یاد رکھیں میرے پاس ہزاروں فیصلہ جات موجود ہیں جو میں نے اپنی کتابوں میں دیے ہوئے ہیں جن کو میں آپ کی سہولت کےلیے اپ لوڈ کرتا رہوں گا۔ انشاء اللہ۔۔۔۔۔ ۔دعاؤں کا طلب گار۔ محمد خرم، ایڈووکیٹ ہائی کورٹ

Where law requires a thing to be done in a particular manner, then it shall be done in that manner or else not done at all. [(NLR) 2013-UC-217]

Law affecting rights of person cannot have a retrospective effect unless it is so specifically provided in the statute or it could be established by necessary intendment. [(NLR) 2013-UC-268]

It is not necessary that each and every non-obstante clause in a statute should exclude application of all provisions of statute. Keeping in view the whole scheme of statute the scope of non-obstante clause has to be determined. [(NLR) 2013-UC-225]

Minors in custody of their mother cannot be said to be illegal confinement within meaning of Section 491 Cr.P.C. [(NLR) 2013-UC-354]

Proceedings u/s 491 Cr.P.C. are summary in character. [(NLR) 2013-UC-354]

Man made laws are recurring ones, therefore, to bring the law in conformity with the new or changed situation is the right of legislature with which no interference can be made except on the touchstone of Article 8 of the Constitution. [(NLR) 2013-UC-292]

Ocular testimony would be reliable when medical evidence and circumstances of the case did not run counter to prosecution and in fact that support to ocular testimony. [(NLR) 2013-UC-391]

Civil Court is not only the Court of Law but also the Court of equity required to dispose of cases on merits and not on procedural technicalities. [(NLR) 2013-UC-471]

Eye witnesses closely related to deceased with enmity against accused would be interested witnesses. [(NLR) 2013-UC-437]
Law adjudication of cases on merits. [(NLR) 2013-UC-471]

Ocular evidence which is too weak and unreliable cannot be made basis for recording conviction against accused when its defects cannot be cured. [(NLR) 2013-UC-437]

Incriminating recoveries effected in a murder case cannot play any decisive role when ocular evidence is disbelieved. [(NLR) 2013-UC-437]

It is the prosecution which is required to prove its case against accused persons beyond any shadow of doubt and that defence version should be taken into consideration after evaluating prosecution evidence to find out whether the same inspires confidence or not. [(NLR) 2013-AC-92]

Recording of FIR at the spot should be considered to have been recorded after deliberation. [(NLR) 2013-AC-92]
It is celebrated principle of law that if there is a conflict between two provisions of law, then the later provision shall prevail. [(NLR) 2013-AC-131]

Motive for murder would not be proved when admittedly complainant did not produce any witness before police about motive. [(NLR) 2013-AC-92]

Inordinate delay in conducting post-mortem would cast doubts about prosecution story. [(NLR) 2013-AC-92]
From the very inception the concept of fair trial and due process has always been the golden principles of administration of justice. [(NLR) 2013-AC-207]

The Court has to go by pleadings of the parties. It has no jurisdiction to decide the case which was not put forward by any of the party in its pleadings. [(NLR) 2013-AC-186]

Rules framed under one statute cannot be extended to some other law until and unless the application of rules framed under one statute is borrowed under some other statute on basis of principle of reference legislation. [(NLR) 2013-AC-280]

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