Suit For Damages

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[‬: Suit For Damages.......

....Suit for damages on account of defamation can  be filed before civil court under s 9 cpc..... before civil judge and before district judge also under defamation ordinance 2002.

2017 CLC 45 Lahore.

[‬: 1)By using DNA technology courts were in a better position to reach at a conclusion whereby convicting real culprits and excluding potential suspects as well as exonerating wrongfully involved accused . PLJ - 2013 - Sc - 107

2)Request for administration of DNA test should be made at the earliest stage of the case . 2013 - Scmr - 203 (b ) .

[‬: (2017.SD.60)

benefit of doubt...

"Rule of benefit of doubt which is based on golden principle of prudence cannot be ignored while dispencing justice as it is better to acquit ten guilty persons rather than  to convict an innocent person...

[‬: 2017.CLC.BALOCHISTAN.1443...

Principle of Res judicatta..

"If a controvversy regarding ownership and mutation entries having already been decided in the earlier suit, as such the second suit on the same subject matter between the same parties was hit by the principle of res judicata as contemplated under section 11 of CPC...

[‬: (2017.Crlj..1)

Chemical Examiner and Serologist Reports...

"Report of Chemical Examiner showing the recovered hatchet to be sustained with  blood  given on 20-12-2002 while report of serologist given on 25-5-2004. showing the origin of the blood available on recovered hatchet to be human blood ..But it was scientifically impossible to detect the origin of blood as be being human after about two years of murder occurrence because human blood disintegrates in a period of about three weeks...

[‬: 2017.YLR.PESHWAR.301.

Administration of justice...

Law favour adjudication on merit rather then technicalities...

[‬: Execution petition does not fall within ambit of pleading . So it can not be amended . 2014 - CLC - 1295

[‬: Application u/s 12 (2) cpc is not maintainable against arbitrary decision . PLD - 1991 - sc - 197

[‬: Motive is always between the assailant and victim which can not be expected to have been known to others . 2015 - Crlj - 265

[‬: Motive for murder would not be proved when complainant in his evidence omitted to mention motive which was mentioned by him in FIR . NLR - 2016 - CRC - 278

[‬: The delay of one day in post martem examination of body of deceased would be justified when after receiving medical treatment deceased could not survive and died later on in hospital . NLR - 2015 - CRC - 372

[‬: If prosecution sets up motive and fails to prove it then it is the prosecution who is to suffer and not the accused . principle of criminal jurisprudence . 2016 - Pcr R - 251

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