Apealable offence
Apealable offence legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Trial Court convicted accused persons for damaging water course and sentenced them to pay fine and also to restore water course
Lower Appellate Court allowed the appeal and acquitted all accused persons
Plea raised by petitioners was that no right of appeal was available to accused persons under Canal and Drainage Act, 1873
Validity
No right of appeal had been provided there either by against an order passed by Court under S.70 of Canal and Drainage Act, 1873, or by Rules framed under S.75 of Canal and Drainage Act, 1873
No action or omission mentioned in S.70 of Canal and Drainage Act, 1873, was an offence within the definition of S.40, P.P.C. and on conviction by Magistrate, no right of appeal within the contemplation of S.407, Cr.P.C. was available
High Court in exercise of inherent jurisdiction under S.561-A, Cr.P.C. quashed the order passed by Lower Appellate Court being without jurisdiction and coram non judice
Petition was allowed in circumstances.
"Apealable offence", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124945003
Precedents & Case Laws citing "Apealable offence"
P L D 2014 Peshawar 84
BAKHT JAMAL and others — Petitioners Versus HAKEEM KHAN and others — Respondents
Court: High Court1984 S C M R 1045
STATE-Petitioner Versus MUHAMMAD YAQUB KHAN-Respondent
Court: High CourtP L D 1959 Supreme Court (Pak
HARI MEAN‑Appellant Versus THE STATE‑Respondent
Court:2001 M L D 1189
FARAZ alias SHAHZEB‑‑‑Applicant Versus THE STATE‑‑‑Respondent
Court: KarachiP L D 1991 Karachi 301
MARINE FISHERIES DEPARTMENT, KARACHI‑‑Appellant Versus NUSRATULLAH, Managing Director, National Fisheries
Court: ‑‑‑‑Ss. 417, 249‑A & 245‑‑‑Acquittal under S.249‑A, Cr.P.C. is quite different from acquittal after trial under S.245, Cr.P.C: ‑‑Benevolent principles which govern appeals against acquittal under S.245, Cr.P.C. cannot be applied to an appeal against acquittal under S.249‑A, Cr.P.C.‑‑Appeal against acquittal.1986 S C M R 540
NANNU (NANNU KHAN) and 10 others‑‑Petitioners Versus THE STATE‑‑Respondent
Court: ‑‑‑S. 300, Exception (2)‑‑Self‑defence‑‑Trespass by accused to reclaim possession of land‑‑Where such provocation or initiative had come from very person who was claiming a right of self‑defence, it could not be allowed for simple reason that but for such an initiative and provocation on his part which was not justified, occurrence might not have taken place at all‑‑Petitioner, held, not entitled to right of self‑defence.‑ Private defence, right or1989 S C MR 939
FARID alias KALA and Others — Appellants Versus THE STATE and 4 others — Respondent
Court: High Court1971 P Cr
KALA MIAH AND 6 OTHERS‑Appellants Versus THE STATE‑‑‑Respondent
Court: High Court Dhaka1985 P Cr
MUHAMMAD ARSHAD JAVED‑‑Appellant Versus The STATE‑‑Respondent
Court: Karachi2025 P Cr
Irfan Ali — Appellant Versus The State — Respondent
Court: Lahore