Without lawful authority and of no legal effect

2010 PCrLJ 712 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 497(2)Penal Code (XLV of 1860), Ss.365-B & 380Abduction and theft in dwelling houseBail, grant ofFurther inquiry

Alleged abductee had taken different stance of different occasions about the allegations, which had made the case that of further inquiry

Co-­accused who had entered in the house and abducted the lady, had been granted post-arrest bail while accused did not enter the house and remained standing outside the house

Under the rule of consistency, accused was also entitled to the concession of bail

Challan of the case had been submitted in the court and accused was no more required for the purpose of investigation

No useful purpose would be served while keeping accused behind the bars

Prima facie, alleged abductee seemed to be sui juris who contracted marriage of her own free will and consent

At bail stage deeper appreciation of evidence would not be permissible which could prejudice the case of prosecution or the defence

Allegation against accused was of taking away the ornaments and other household articles which were not recovered from the accused

Alleged abductee gave birth to a child out of her wed-lock with co-accused

Accused was admitted to bail, in circumstances.

1979 PLD 603 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 25-A(6)-Words and phrases-Word "non obstante"-Means notwithstanding, despite, in spite of-Non obstante clause used to indicate provision containing such clause having to prevail notwithstanding anything to contrary in provision-Interpretation of non obstante clause-Principles of.-[Words and phrases].

1978 PLD 113 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

"Justice, equity and good conscience"-Origin and history of expression.