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MUHAMMAD RASHEED vs SHAH MUHAMMAD Ss — 2024 YLR 1309 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 1309 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
MUHAMMAD RASHEED vs SHAH MUHAMMAD Ss
Subject matter
Criminal
Provisions referred to
S. 96; S. 100

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD RASHEED VS SHAH MUHAMMAD Ss. 96 & 100---Right of first appeal and second appeal---Distinction---Right of appeal gives rise to a notion of accentuating by two fold and three fold checks and balances to prevent injustice and ensuring that justice has been done---There is marked distinction between the two appellate jurisdictions, one is conferred by S. 96, C.P.C. in which Appellate Court may embark upon questions of fact, while in second appeal provided under S. 100 C.P.C., High Court cannot interfere in findings of fact record by first Appellate Court---Jurisdiction of second appeal is somewhat confined to questions of law which is sine qua non for exercise of jurisdiction under S. 100, C.P.C.---High Court cannot surrogate or substitute its own standpoint for that of first Appellate Court, unless conclusion drawn by lower fora is erroneous or defective or may lead to a miscarriage of justice---High Court cannot set into motion a roving inquiry into the facts by examining evidence afresh in order to upset findings of facts recorded by first Appellate Court.

Other judgments reported in 2024 YLR

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