Exit from Pakistan (control) Rules 2010

Exit from Pakistan (control) Rules 2010

Rule 2 — Exit form Pakistan (control) Ordinance XLVI of 1981.. section 2 placing name of person on the Exit control list…. Ground – pendency of a criminal case.. Name of the respondent bad been placed on exist control list as she was nominated in a case of murder of accustoms officer in connection with smuggling of foreign currency— legality… notification/memorandum. whereby name of respondent was placed on the Exist control list, was issued purportedly for a reason which did not conform to the criteria as laid down in the exist from Pakistan Control Rules 2010 and the exist control policy. Liberty of a citizen could not be curtailed by mere registration of a criminal case – Registration of an FIR had no nexus with and was extraneous to the object of the exits from Pakistan control ordinance 1981. Furthermore, while issuing the impugned notification/memorandum the Ministry of Interior had also overlooked an order of High Court whereby the said Ministry was restricted from placing the respondent’s name on the Exist control List has therefore rightly struck off the impugned notification/memorandum – Petition for leave to appeal was dismissed accordingly .

2017 SCMR 1179

CCTV Video Evidentiary Value

Article 164 of Qanoon Shahadat.. Close Circuit Television (CCTV) footage evidientary value.. mere producing of CCTV footage as a piece of ebidence in court is not sufficient to reply upon the same unless it is provided to be geniune– in order to prove the genuineness such footage it is incumbent upon the defence or prosecutation to examine the person who prepared such footage from the CCTC syetem.

2016 SCMR 2084

Detection of Electricity Bill

Detection of Electricity Bill

Section 24, 26-A, & 54-C of Electricity Act 1910

Detection of bill – determination — civil court / electric inspector  – jurisdiction—plaintiff assailed detection  bill issued by Electric company but trial court dismissed the suit on the plea of lack of jurisdiction – lower appellant court set aside judgment and decree passed by trial court and suit filed by plaintiff was decreed in his favor – validity – in case of theft of electricity or illegal abstraction of energy, Electric Inspector had no jurisdiction to adjudicate a dispute and jurisdiction was exclusively with civil court, which could resolve the controversy after proper appreciation of evidence produced by parties—Detection Bill issued to plaintiff was violation of natural justice, therefore the same was liable to be annulled — solitary witness produced by defendant company admitted the stance of plaintiff in his cross examination in unequivocal manner – High Court declined to interfere in judgment and decree passed by Lower appellant court – Revision was dismissed in circumstances ..

2016 CLC Note 39 Peshawar 

Registration of second FIR

Registration of second FIR on same incident

Section 154 and section 561-A Cr.P.C .. power of high court ot order registration of another second FIR for the same incident… scope… mala fide, dishonesty ulterior motives of the police or investigating officer.. misleading the investigation or prosecution… court had the power to order registration of another FIR at any appropriate stage of the proceedings however such power had to be exercised with extreme care and caution and not in  routine manner.

PLD 2016 Supreme Court 484

Bail cancellation

Section 497(5) Criminal Procedure Code 1898,

CANCELLATION OF Bail —- Grounds — Abscondance of accused—bail could not be cancelled merely on ground of abscondence – Abscondence by itself could not be substitute of evidence. it was a circumstance which was always taken in criminal case as corroboration towards the guild and not as proof of the guilt.

2016 SCMR 676