Legal Acumen

22/06/2024

11) According to section 22 of PPC moveable property includes corporeal property of any description except land and things attached to the earth.
12) Under section 23 of PPC “Wrongful Gain” is a gain by UNLAWFUL MEANS.
13) Under section 23 of PPC “Wrongful loss” is the loss by unlawful means.
14) According to section 24 of PPC, Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “Dishonestly”.
15) Under section 25 of PPC “A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise

21/06/2024

One liner…..PPC
1) Pakistan Penal Code was enacted on 6th October, 1860
2) Pakistan Penal Code has 511 Sections.
3) Pakistan Penal Code is Penal Law.
4) Pakistan Penal Code is applicable to throughout Pakistan.
5) A foreigner commits an offence within Pakistan he can be tried under PPC and can be tried in Pakistan.
6) A Pakistani subject commits murder in USA he can be tried and convicted for murder in any place in Pakistan wherever he may be found.
7) The term “Mens Rea” means Actual Intention.
8) Under Section 8 PPC “Gender” include any person whether Male or Female.
9) Under Section 11 PPC “Person” includes any Company or Association, or body of persons whether incorporated or not.
10) Under Section 12 “Public“ includes any Class of the public or any Community.

20/06/2024

One liner For Law GAT…..PPC
1) Pakistan Penal Code was enacted on 6th October, 1860
2) Pakistan Penal Code has 511 Sections.
3) Pakistan Penal Code is Penal Law.
4) Pakistan Penal Code is applicable to throughout Pakistan.
5) A foreigner commits an offence within Pakistan he can be tried under PPC and can be tried in Pakistan.

11/06/2024

The court usually interferes on two grounds in cancellation of bail :- PLD 2022 supreme Court 475 Umar Ata Bandial CJ, Syed Mansoor Ali Shal and Ayesha A. Malik)
1) When the impugned order is perverse on the face of it, ( Perverse Order is the one that has been passed against the weight of the material on the record or by ignoring such material or without giving reasons such order is also termed as arbitrary, whimsical and capricious) or
2) When the impugned order had been made in clear disregard of some principle of the law of bail.

09/06/2024

In Non-Bailable offences punishable with imprisonment less than ten years ( Non-Prohibitory clause) the grant of bail is a rule and refusal an exception. So the bail will be declined only in the extra-ordinary and exceptional cases like…
1) Where there is likelihood of abscondence of the accused.
2) Where there is apprehension of the accused tampering with the prosecution evidence.
3) Where there is danger of the offence being repeated if the accused is released on bail
4) Were the accused is a previous convicted.

06/06/2024

The concept of bail has a long history and deep roots in English and American Law. In the Medieval England, the customs grow out of the need to free untried prisoners from disease ridden jails while they were waiting for the delayed trials conducted by travelling justices. Prisoners were bailed, or delivered to reputable third parties of their own choosing, who accepted responsibility for assuring their appearance at trail.
The basic concept of the word “Bail” is release of a person from the custody of the police and delivery into the hands of sureties, who undertake to produce him in the court whenever required to do so.

01/12/2023

An accomplice is a co-accused, an associate or partner who has such relation to the criminal act that he [or she] can be jointly charged with the other accused.

23/11/2023

Fard Baramdgi
The exact location and the surrounding shall be mentioned. Two persons, ideally non policemen and locals of the area or someone who has no interest in the case, shall bear witness and be made part of the memo. If such persons are not included then reasons should be given to explain their absence.

20/11/2023

Estoppel
QSO Article 114-116

21/04/2021