Citation Name: 2023 PLD 334 LAHORE-HIGH-COURT-LAHOREBookmark this Case NADEEM SULTAN vs HAMZA SHAMIM Courts ca

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Citation Name: 2023 PLD 334 LAHORE-HIGH-COURT-LAHOREBookmark this Case NADEEM SULTAN VS HAMZA SHAMIM Courts can only interpret the law for applying it in letter and spirit---Giving a self-devised meaning or interpretation to a statutory provision is otherwise not permissible. Citation Name: 2023 PLD 334 LAHORE-HIGH-COURT-LAHOREBookmark this Case NADEEM SULTAN VS HAMZA SHAMIM art. 2(c)---Evidence---Scope---Evidence includes all statements which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry and all documents produced for the inspection of court. Citation Name: 2023 PLD 334 LAHORE-HIGH-COURT-LAHOREBookmark this Case NADEEM SULTAN VS HAMZA SHAMIM art. 4(m)---Judicial proceedings---Scope---Judicial proceedings include any proceeding in the course of which evidence is or may be legally taken on oath. Citation Name: 2023 PLD 334 LAHORE-HIGH-COURT-LAHOREBookmark this Case NADEEM SULTAN VS HAMZA SHAMIM Dictionary meaning---If a word or expression is not defined in the Act from which the lis is arising, it is permissible to consult its dictionary meanings. Citation Name: 2023 PLD 334 LAHORE-HIGH-COURT-LAHOREBookmark this Case NADEEM SULTAN VS HAMZA SHAMIM Ss. 249 & 344---Power to stop proceedings when no complaint---Power to postpone or adjourn proceedings---Scope---Legislature has placed a specific embargo on the use of S. 249 of the CrPC in complaint cases and this provision only applies to State cases---Trial proceedings can be stopped by the Magistrate with the mandatory previous sanction of the Sessions Judge---Chapter XX of the Cr.P.C. exclusively deals with trials conducted by Magistrates and thus does not apply to trials conducted by Sessions Courts. Citation Name: 2023 PLD 334 LAHORE-HIGH-COURT-LAHOREBookmark this Case NADEEM SULTAN VS HAMZA SHAMIM Literal interpretation---Golden rule of interpretation---Mischief rule---Purposive approach---Scope---Statutory interpretation involves four rules, with the literal rule being the first, followed by the golden rule, the mischief rule, and finally the purposive approach---Literal rule enables the Court to interpret the legal provision in its literal and ordinary sense and it cannot examine the intent of the Legislature---Golden rule can only be given effect if the literal interpretation gives rise to some irrationality---Under such rule, the Court can look into the legislative intent of a provision or a statute---Third rule of mischief can be used to see the unconstitutionality of the legislation---Purposive rule can be set in motion for ensuring the effectiveness of the law in accordance with the will of Parliament. Citation Name: 2023 PLD 334 LAHORE-HIGH-COURT-LAHOREBookmark this Case NADEEM SULTAN VS HAMZA SHAMIM S. 344---Power to postpone or adjourn proceedings---Sine die adjournment---Scope---Case had been adjourned sine die solely because one of the co-accused had not been arrested yet---Validity---Such reason alone did not justify the sine die adjournment of the case to the extent of the petitioners---Accused had a right to an expeditious decision in a criminal case and the pending lis could not have been used as a sword of damocles through a sine die adjournment---Continuation of the trial in the normal course would have served the ends of justice better---Although one of the co-accused was still at large, no one could say with certainty when the police would apprehend him---Recording of the prosecution evidence would have preserved the statements of the prosecution witnesses---If any of them were unavailable due to death or for any other reason upon the arrest of the absconding co-accused, their deposition could be legally brought on record in accordance with Art. 47 of the Qanun-e-Shahadat, 1984---Impugned order was set aside, in circumstances. Citation Name: 2023 PLD 334 LAHORE-HIGH-COURT-LAHOREBookmark this Case NADEEM SULTAN VS HAMZA SHAMIM S. 344---Power to postpone or adjourn proceedings---Scope---Section 344(1) of the Cr.P.C. lays down guidelines for the postponement or adjournment of a case---It prohibits the Sessions Court from adjourning a case without specifying a date or for an indefinite period---Use of the expression "from time to time" in the provision indicates that the case can only be adjourned for a specific date and not indefinitely---Adjournment can only be made due to the absence of witnesses or for any other reasonable cause---Therefore, the Sessions Judge is empowered to adjourn the case from time to time and, if necessary or advisable, for a specific date---Section 344(1) explicitly states that the case must be adjourned to a specific date and the provision restrains the Sessions Judge from adjourning or postponing a case indefinitely. Citation Name: 2023 PLD 334 LAHORE-HIGH-COURT-LAHOREBookmark this Case NADEEM SULTAN VS HAMZA SHAMIM art. 10-a---Right to fair trial---Scope---Concept of due process rests in the idea that the legal proceedings be carried out in accordance with the established rules, express statutory provisions and settled principles for deciding the rights of litigants. Citation Name: 2023 PLD 334 LAHORE-HIGH-COURT-LAHOREBookmark this Case NADEEM SULTAN VS HAMZA SHAMIM art. 47---Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated---Scope---Evidence given by a witness in judicial proceeding is relevant in a subsequent judicial proceeding between the same parties, if such witness is dead or cannot be found or becomes incapable of giving evidence or is kept out of the way by the adverse party. Citation Name: 2023 PLD 334 LAHORE-HIGH-COURT-LAHOREBookmark this Case NADEEM SULTAN VS HAMZA SHAMIM Chap. XXII-A [Ss. 265A to 265N]---Trials before High Courts and Courts of Session---Sine die adjournment---Scope---Criminal Procedure Code, 1898 stipulates that sessions trials must adhere to the protocol outlined in Chapter XXII-A, Cr.P.C.---However, this chapter does not contain any specific provision that allows a sessions trial to be postponed indefinitely without a definite date.

Citation Name: 2023 PLD 334 LAHORE-HIGH-COURT-LAHOREBookmark this Case NADEEM SULTAN vs HAMZA SHAMIM Courts can only interpret the law for applying it in letter and spirit — 2023 PLD 334 LAHORE-HIGH-COURT-LAHORE

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