Ali & Abdullah Law Inn

Determination of sex in living persons is no problem at all. It is easy in normal cases, from external examination, but difficult in cases of hermaphroditism, concealed sex, advanced decomposed bodies, skeletons, and sometimes in a child with un-descended testicles. It is required in the following cases: 1.      For simple identification in the living or dead person. 2.      For the purpose of heir-ship, disposal of property, marriage, education, and liability for military service. 3.      In case of impotence, rape, legitimacy, divorce, paternity, etc. Examination should be thorough (a) of external genitalia and (b) internal bimanually and by rectal palpation and microscopy of the gonads. If only the anterior abdomen is present and external genitalia have decomposed, their distribution of hair may give a clue to the sex.. Ali and Abdullah Law Inn. Gujranwala and Hafizabad Punjab Pakistan. 03016662931

The first recorded Medico-legal autopsy was Performed in india by dr Edward Bulk-ley on the Afternoon of 28 August 1693 ( Monday). When Mr wheeler , Member of Coun-cil Sea Customer and Chief Justice of Choultrh in Chennai, Died on 28 August 1693, Dr Samuel Browne , Accepted in writing That due to his fateful mistake , Pearl was Powered in a stone Mortar wherein arsenic had been beaten before Dr Samuel Browne and his servant were committed to custody . Dr Edward , the surgeon of the hospital who conducted an autopsy on the body of Mr Wheeler opined that the sadness of his death and severe symptoms he had labored under before He died , were greater arguments of poison received , than anything that he could Trace out by dissection . However Dr Samuel was Tired and acquitted by the Grand Jury when the bill of ignoramus was brought in. There was dissatisfaction at this result and many thought that a case of criminal medical Negligence had been made out. A& A law inn at Gujranwala Haf...

It is determination or establishment of a person either living or dead by recognizing him by certain characteristics which are unique for him, i.e., finger print etc. To identify a thing or person is to prove that the thing or person produced or shown is the one in question in the proceedings. Need of identification in living persons: Identification is necessary in the living persons in following circumstances: 1.      All medico-legal cases. 2.      Absconding (escape or run away) criminals and soldiers. 3.      Accused of murder. 4.      Accused of assault of rape. 5.      Mixing up of newborn babies. 6.      Children who have been lost. 7.      Adults who have lost their money due to any cause. 8.      Property claims. 9.      Insurance purposes. 10....

When any unnatural death is happened and dead body is put into earth to conceal the causes of death then examination of dead body is required to determine the causes of death and to fix the liability to accused. Grave is disclosed and dead body is taken and examined for the suspicion of a death because of poisoning or any other foul play. Order of exhumation: Only District Magistrate, Coroner, or Sub-Divisional Magistrate can pass such order for the disclosure of grave. A police officer is not authorized to pass such orders. Exhumation is conducted during the presence of Magistrate and not in the presence of police officer. This function can be performed only day light. To start work in evening or night is prohibited. Preferable time for the exhumation is before the commencement of body decomposition. In hot climatic conditions, dead body undergoes decomposition soon. As the time passes, required results become quite difficult. Time limit for exhumation: Pakistan and England do no...

An officer with the duty of inquiring into the matter of death of any person who is slain or dies in suspicious circumstances, or in prison. In Pakistan a Coroner is an officer appointed by the Government to hold an enquiry of deaths suspected as unnatural and suspicious in his jurisdiction and only Karachi city possess Coroners. In other towns District Magistrates and other Magistrates are ex-officio coroners, although they seldom act as such. Coroner’s Court is a Court of enquiry and not a Court of trial. Duties of a Coroner: Following are the duties of Coroner: 1.      Enquiry of unnatural deaths: He is responsible to hold enquiry in a case where dead body lying in his jurisdiction, in those cases mode of death is sudden and unnatural. 2.      Enquiry of suicide: This Court holds enquiry where mode is death is suicide or homicide (killing during self-defence or justifiable). Manslaughter is a killing due to irresistible i...

Following are main differences between ante-mortem and post-mortem injuries i. Freezing of blood Blood, which comes out of ante-mortem injury, freezes around injury and surrounding of injury while blood, which comes out of post-mortem injury, does not freeze but it will be flowing. ii. In case of Blunt weapon If ante-mortem injury has been caused by some blunt weapon, blood will freeze under skin. However, blood will not freeze under skin when post-mortem injury has been caused by blunt weapon. iii. Color of Injury Color of ante-mortem injury will be pink where as color of post-mortem injury will be white. iv. Edges of Injury Edges of ante-mortem injury will be open due to reaction of skin and muscular tissues, but edges of post-mortem injury will not be open. v. Swelling In case of ante-mortem injury, there will be swelling. However, swelling will not be present very near to post-mortem injury. vi. Skin & Muscular Form of Injury Skin and muscular form of ante-mortem i...

i. Thermal Injury For explanation of thermal injury, following points are important ii. Regional Injury For explanation of regional injury, following points are important a. Meaning Regional injury means that injury, which can be caused on different parts of human body. iii. Mechanical Injury For explanation of mechanical injury, following points are important a. Meaning If some injury is caused to human body through physical violence, such injury is called mechanical injury. iv. Accidental Injury For explanation of accidental injury, following points are important. a. Meaning These are those injuries, which are caused by traffic accidents. 4. Fabricated Injury Following points are important for explanation of fabricated injury. i. Meaning When some person causes injury on his own body or allows another person to cause some injury on his body, such injury is called fabricated injury. It reveals that such injury is, in fact, forged or fictitious injury. iii. Fabricated...

Medical Jurisprudence means knowledge of medical science for legal purposes. There are two types of laws, i.e., civil and criminal. Criminal law deals with hurt, death, and purely with human body. Some crimes are committed to cover actual offence like self induce. Some time a man is killed with injury and put into water or fire to conceal its evidence. Importance of medical jurisprudence: This science is used in the following matters: 1. Right investigation: Body gets lose when injury is inflicted to it. It requires proper fixation of liability on the part of offender. 2. Punishment: Proper investigation helps in the punishment to the offender 3. Involvement: This science discriminates, the person actually involved and one who is wrongly charged 4. Self-defence: Person maliciously involved in crime may put the results of the reports or laboratory in his defence 5. Acquitance: Medical jurisprudence may get acquitted the person involved wrongly in an offence....

2018 PCRLJ 866 Balochistan. FIR is lodged just to bring the state machinery into motion to apprehend the culprits and to assist the court for doing Justice, but in presence of victim, who is in senses and also   in presence of his father is not justifiable. It will be relevant to note that FIR in the instant case has not been proved by the prosecution which is a foundation stone of a criminal case although it is not a substantive piece of Evidence but it is always used for contradicting under article 140 QSO and corroborating under article 153 QSO Furthermore when some infirmities or irregularities are found in an FIR it certainly affects the final determination of the case especially when it is lodged by a mere stranger and not by an eye-witness. ALi and Abdullah law inn at Gujranwala Hafizabad Punjab Pakistan 03016662931

JUDGEMENT-IN-REM Judgement-in-rem means an adjudication pronounced upon, the status of some particular matter by a competent authority or court. A judgement-in-rem is always admissable in any suit in which the status , which it has declared, is in question. It is, valid against the entire world and not only inter-parties. In other words juggement-in-rem is a judgement which binds all men, and not only the parties to the suit in which it was passed, and that it belongs to possitive law, to say which judgement are to be judgement-in-rem whether for reasons of international comity or domestic expediency. A judgement-in-rem is one, which declares, defines or otherwise determines the status of a person or of a thing, that is to say, the jural relation of the person or thing to the world generally. Such a judgement furnishes conclusive evidence of the points it decides, not only against the parties who are actual litigants in the case, but against all others. JUDGEMENT-IN-PERSONAM Judgement...

1. INTRODUCTION Section 332 to 337 of PPC explains the definition, punishment and different kinds of hurt. Hurt is a harm caused to the human body other than death. It has different kinds such as itlaf-udw, shajjah, jurh, itlaf-Salaliyat-udw etc. 2. RELEVANT PROVISIONS The relevant provisions regarding the concerned topic are as under: Sections 332 to 337 PPC. 3. MEANING OF HURT Hurt means causing of bodily injury resulting either in, bodily pain, disease or infirmity. 4. DEFINITION OF HURT U/ SEC 322(1) Whoever causes pain, harm disease or injury to any person or impairs, disables or dismembers any organ of the body or part thereof without causing his death, is said to cause hurt. 5. KINDS of HURT Following are the kinds of hurt. I. IfiLAF-I-UDW i. Literal Meaning The word Itlaf means to dismember, sever or destroy and Udw means limb or organ. ii. Meaning U/sec. 333 Whoever dismembers, amputates severs any limb or organ of the body of another person is said to cause Itla...

Introduction Preservation of life, religion, reason, lineage and property square measure main objectives of Islamic Law. For preservation of life, Islam has forbidden transgression against life. As murder may be a sort of transgression against life, so Islam has additionally forbidden commission of murder. To punish murderer and defend society from reoccurrence of this crime, Islam has provided severe punishments. Definition of Qatl Qatl can be defined as causing death of a person by another person. Relevant Provisions Sections 300, 301, 302, 303A, 303B, 304, 305, 306, 307, 308, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322 of P.P.C. 1860. Kinds of Qatl Under Pakistan Penal Code, following different kinds of qatl have been described. (i) Qatl-i-Amd   When a person intends to cause death or bodily injury to another person, does an act, which in ordinary course of nature is likely to cause death or which is done with knowledge that his act is so imm...

Abetment of a thing A person abets the doing of a thing, who;- (i)                   Instigates any individual to do that thing; or (ii)               Engages with one or more other person or persons in any conspiracy for the doing of that thing, if a act or illicit oversight happens in pursuance of that conspiracy and in order to the doing of that thing; or (iii)              Intentionally aids, by any act or unlawful exclusion, the doing of that thing.   Section 107 Explanation (i)                    A person who, by willful distortion, or by willful concealment of a material fact he is bound to disclose, voluntarily causes or procures, attempts to cause o...