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Showing posts from May 31, 2024

The court acquitted 302 accused due to insufficient evidence and doubts in the prosecution's case.

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he prosecution failed due to unclear motive, inconsistent witness testimonies, doubts about the dying declaration, insufficient evidence, and benefit of doubt given to the accused. The prosecution failed to prove its case against Haq Nawaz for several reasons: 1. **Motive:**    - The court found discrepancies in establishing a motive against Haq Nawaz. Despite allegations of animosity between the complainant party and certain individuals, including Irfan and Munawar, there was no clear evidence linking Haq Nawaz to the motive for the crime. 2. **Inconsistencies in Witness Testimonies:**    - There were inconsistencies between the witness testimonies and medical evidence. The court noted discrepancies in the ocular account and the medical examination, particularly regarding the nature and location of the gunshot wound inflicted on the deceased. 3. **Doubts Regarding Dying Declaration:**    - The court scrutinized the alleged dying declaration of the deceased and found lapses in its docu

Specific performance limitations start case law.

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Limitation of specific performance  **Point Decided:** When full payment is made and possession is delivered without a fixed date for performance, the limitation period for a suit for specific performance begins from the date the refusal to perform is known. This protects the buyer’s right to enforce the contract despite time limitations. ### Unique Point Decided: **Limitation Period for Specific Performance with Full Payment and Possession:** The Lahore High Court decided that in cases where: - The full sale consideration has been paid, - Possession of the property has been delivered, - No specific date for performance was fixed, the limitation period for filing a suit for specific performance starts from the date the plaintiff becomes aware of the refusal to perform the contract. This ensures that the buyer’s right to enforce the contract is preserved despite the passage of time, as long as they are in possession and have paid the full consideration. Certainly. Here's a concise s