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On the 20th of December 2024, the Lahore High Court held that the prosecution must prove its case beyond a reasonable doubt and the benefit of doubt must always be given to the accused when inconsistencies arise in the prosecution’s evidence. (Citation: 2024 LHC 5924) Access the full judgement on www.paklegaldatabase.com . . . #PakLegalDatabase #PLDB #CaseLaw #Judiciary #LahoreHighCourt #Advocate #Barrister #LegalSystem #LegalNews #ForYouReels #Lawyers #LawAndOrder #ForYouシ #ForYouPageシ #LegalUpdates #LegalResearch #LegalProfessionals #JudgmentSummary #PakistanLaw

On the 10th of September 2024, the Lahore High Court held section 25 of the guardians and wards act which emphasizes that the welfare of the minor is the paramount consideration in custody cases and the title of the guardianship is not sufficient to return the custody of a minor. (Citation: 2024 LHC 5971) Access the full judgement on www.paklegaldatabase.com . . . #PakLegalDatabase #PLDB #CaseLaw #Judiciary #LahoreHighCourt #Advocate #Barrister #LegalSystem #LegalNews #ForYouReels #Lawyers #LawAndOrder #ForYouシ #ForYouPageシ #LegalUpdates #LegalResearch #LegalProfessionals #JudgmentSummary #PakistanLaw

(a) Constitution of Pakistan ----Art. 199, Art. 184(3) - Dismissal of constitutional petition challenging the order of discharge of the accused by the Judicial Magistrate under Section 489-F, P.P.C.---Maintainability---Order of discharge based on the report of an Investigating Officer whose authority had been transferred was upheld as the appellant had filed a private complaint against the accused---Private complaint case had precedence over the State case, as per principles laid down in Nur Elahi v. The State (PLD 1966 SC 708)---Judicial Magistrate's order did not suffer from illegality or jurisdictional defect warranting interference. (b) Penal Code (XLV of 1860) ----Ss. 182 & 489-F---Proceedings under Section 182, P.P.C., during the pendency of private complaint---Bar on initiation of proceedings under Section 182, P.P.C., relating to the same subject matter during the pendency of a private complaint---Authorities must await finalization of private complaint before pursuing Section 182, P.P.C. proceedings, as per principles established in M.J.A. Gazdar v. The State (1989 MLD 1694), Ashfaq Ali v. The State (PLD 1975 Karachi 87), and Muhammad Murad v. The State (1983 P.Cr.L.J. 1097). (c) Criminal Procedure Code (V of 1898) ----Reinvestigation post-discharge order---Permissibility of reinvestigation by police despite discharge order in cases relating to the same subject matter---Reinvestigation upheld in light of principles in cases such as Mian Muhammad Asif v. S.S.P. Operation (2010 YLR 944), Habib Ur Rehman v. The State (1999 MLD 860), and Muzafar Ahmad v. The State (2021 P.Cr.L.J. 1393)---Legal position allowed police authorities to reinvestigate the matter in the instant case. ----- Disposition: The Intra Court Appeal was disposed of as no jurisdictional or legal defect was found in the impugned order. Reinvestigation of the matter was deemed permissible, and proceedings under Section 182, P.P.C., were stayed until finalization of the private complaint. ----- Cited Cases: Nur Elahi v. The State (PLD 1966 SC 708) M.J.A. Gazdar v. The State (1989 MLD 1694) Ashfaq Ali v. The State (PLD 1975 Karachi 87) Muhammad Murad v. The State (1983 P.Cr.L.J. 1097) Mian Muhammad Asif v. S.S.P. Operation (2010 YLR 944) Habib Ur Rehman v. The State (1999 MLD 860) Muzafar Ahmad v. The State (2021 P.Cr.L.J. 1393) Dated: 23/12/2024, Citation: 2024 LHC 6109. www.paklegaldatabase.com

On 25th March 2024, the Supreme Appellate Court of Gilgit Baltistan held that under section 497 of the criminal procedure code, an individual has the right to post-arrest bail if there is strictly a general allegation against the defendant. When the evidence against an individual is inconclusive and there is no need for further investigation, further detention serves no constructive purpose. Citation: 2024 YLR 1823 Access the full judgement on www.paklegaldatabase.com . . . #PakLegalDatabase #PLDB #CaseLaw #Judiciary #Supremeappellatecourtofgilgitbaltistan #Advocate #Barrister #LegalSystem #LegalNews #ForYouReels #Lawyers #LawAndOrder #ForYouシ #ForYouPageシ #LegalUpdates #LegalResearch #LegalProfessionals #PakistanLaw

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📢 Supreme Court of Pakistan Circular Announcement 📢 The Supreme Court of Pakistan has issued a circular inviting applications from Advocates of the Supreme Court for inclusion in a panel of Advocates to represent accused/convicts at State expense.

On December 20, 2024, the Competition Commission of Pakistan (CCP) imposed penalties of Rs. 75 million each on Walls and Omore for falsely advertising frozen desserts as ice cream. 🔍 The investigation revealed that both brands misled consumers through televised ads and social media campaigns by marketing "frozen desserts"—made with vegetable oils—as "ice cream", which must contain dairy-based ingredients as per PSQCA (PS 969-2010) and Punjab Pure Food Regulations 2018. ⚖️ Additionally, M/s Unilever Pakistan was fined an extra PKR 20 million for making false health claims comparing frozen desserts to dairy ice cream. The CCP order mandates:
✅ Removal of misleading advertisements.
✅ Clear and accurate disclosure about product composition on all marketing platforms. Title: Pakistan Fruit Juice VS Unilever Pakistan and another Access the full order on www.paklegaldatabase.com . . #PakLegalDatabase #PLDB #CaseLaw #CompetitionCommissionofPakistan #Advocate #Barrister #LegalSystem #LegalNews #ForYouReels #Lawyers #LawAndOrder #ForYouシ #ForYouPageシ #LegalUpdates #PakistanLaw

🌟 Welcome Our Winter 2024 Legal Research Interns! 🌟 We're thrilled to introduce our talented Winter Intake '24 Legal Research Interns at Pak Legal Database! 🎓⚖️ Each of them brings unique perspectives, dedication, and a passion for legal research to our team. 🤝 Meet Our Interns: Minahil Sabir Ali Murtaza Amna Omer Salman Haider Together, they will contribute to advancing legal knowledge and supporting our mission to revolutionize legal research in Pakistan. Visit us at 👉 www.paklegaldatabase.com . . #PakLegalDatabase #LegalResearch #Internship #WinterIntake2024 #LawStudents #LegalInnovation #WelcomeInterns

(a) Customs Act, 1969, Ss. 2(s), 16, 139, 156(1)(8)(i)(d)(70), 157, 178 & 187 Import & Export (Control) Act, 1950, Ss. 3(1) & 3(3) Bail—Post-arrest bail of a woman accused—Scope and considerations under section 497(1), Cr.P.C. Petitioner was accused of smuggling 26 foreign-made iPhones valued at PKR 7,846,798/- through the green channel of the International Arrival Hall at Allama Iqbal International Airport, Lahore. She was arrested after failing to produce documents proving ownership or import authorization. Lower courts and High Court denied her bail, citing the prohibitory clause of section 497 Cr.P.C. The Supreme Court, however, held that the petitioner’s case should have been considered under the first proviso to section 497(1), Cr.P.C., which allows special consideration for women. It was noted that the petitioner had no prior criminal record, no likelihood of abscondence, and was not required for further custodial interrogation as the prosecution had gathered all necessary evidence. Denying bail solely based on the gravity of the prescribed sentence was deemed unjust, particularly given precedents allowing bail in similar circumstances. The Supreme Court converted the petition into an appeal, set aside the lower courts' order, and granted bail to the petitioner. Cited Case: 2023 SCMR 887 (b) Criminal Procedure Code, 1898, S. 497(1)—First proviso Women accused—Considerations for bail The court emphasized the importance of considering the special provisions under section 497(1), Cr.P.C., for women accused, particularly when there is no likelihood of abscondence or tampering with evidence. Courts should assess the petitioner’s background, the nature of the offence, and the likelihood of recidivism. The Supreme Court observed that travel history alone is insufficient to presume engagement in illegal activities, especially when the accused lacks a prior criminal record. (c) Fundamental rights—Presumption of innocence—Custodial interrogation Keeping an accused in jail without a court verdict, when custodial interrogation is no longer required, is equivalent to convicting the individual without due process, violating the presumption of innocence. The Supreme Court reiterated the principle that bail is a rule, and jail is an exception, particularly in cases involving women under section 497(1), Cr.P.C. This judgment reinforces the principle that judicial discretion must align with legislative safeguards and established precedents when determining bail for women accused under the Customs Act, 1969, and other penal laws. ---Citation: 2024 SCP 408. Dated 7/11/2024. www.paklegaldatabase.com

CHANGE LOG FOR PAK LEGAL DATABASE – VERSION 2.12.24A DATE: DECEMBER 18, 2024 FUNCTIONALITY IMPROVEMENTS • Fixed the Print Button on the Advanced Search and UK pages to prevent menus and unnecessary lines from appearing during printing. • Updated User Submission Forms, ensuring smooth email verification and registration processes. • Introduced new Account/Profile Controls for users, including: o Membership extension functionality. o Password change options. o profile management features. CONTENT ENHANCEMENTS • Wrote 9,125 Case Headnotes/Summaries, categorized for efficient and precise legal research. MISCELLANEOUS UPDATES • Updated the Favicon Logo. INTERFACE UPDATES • Enhanced the interface on the Judgments Page for improved accessibility and design. • Redesigned the Advanced Search Pages for a more intuitive search experience. • Updated the Menu Interface CSS for improved navigation. • Refined CSS on the Terms of Service (TOS) and Privacy Policy pages for consistency and readability. • Enhanced the user interface on the Legislation and Bookmarks Pages to ensure a seamless experience.