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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when The essential norm underlying a Constitution disappears in addition to a new system is set in its place.
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to be scrupulously fair for the offender as well as Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the legislation and order situation have been the topic of adverse comments from this Court as well as from other courts However they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It might be used to guide the court, but just isn't binding precedent.
Therefore, this petition is found to generally be not maintainable which is dismissed along with the pending application(s), and the petitioners may search for remedies through the civil court process as discussed supra. Read more
As being the Supreme Court is the final arbitrator of all cases where the decision continues to be reached, therefore the decision in the Supreme Court needs to get taken care of as directed in terms of Article 187(2) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based within the same factual grounds. Even though a writ under Article 199 is on the market in specific limited situations, it's generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-examine witnesses and present his/her defense but did not encourage the department of his/her innocence.
However it is actually made distinct that police is free to acquire action against any person that's indulged in criminal activities topic to legislation. However no harassment shall be caused to your petitioner, if she acts within the bonds of law. Police shall also guarantee regard in the family shed in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they could act, as far as raiding the house is concerned the police shall secure concrete evidence and obtain necessary permission from the concerned high police official/Magistrate being a issue of security from the house is concerned, which is not public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition has long been attained. For that reason, this petition is hereby disposed of during the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's nicely-settled that though thinking of the case of standard promotion of civil servants, the competent authority needs to look at the merit of all the qualified candidates and after due deliberations, to grant promotion to these qualified candidates who will be found for being most meritorious among them. Since the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was dismissed via the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy over the part in the respondent department.
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Under Article 199, the court possesses the authority to review government insurance policies for reasonableness if applicable in respondent university and also to safeguard aggrieved parties' rights. As a result, this petition is admissible based on set up court precedents, plus the respondents' objections are overruled. Read more
The reason for this difference is that these civil regulation jurisdictions adhere to the tradition that the reader should have the ability to deduce the logic from the decision as well as the statutes.[4]
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's perfectly proven now that the provision for proforma promotion just isn't alien or unfamiliar to the civil servant service framework but it is already embedded in Fundamental Rule seventeen, wherein it's lucidly enumerated that the here appointing authority could if happy that a civil servant who was entitled to get promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service for the Federation/ province inside the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
States also commonly have courts that tackle only a specific subset of legal matters, which include family law and probate. Case law, also known as precedent or common law, would be the body of prior judicial decisions that guide judges deciding issues before them. Depending to the relationship between the deciding court as well as precedent, case regulation may very well be binding or merely persuasive. For example, a decision by the U.S. Court of Appeals for the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) is not strictly bound to Stick to the Fifth Circuit’s prior decision. Similarly, a decision by a single district court in Ny just isn't binding on another district court, but the first court’s reasoning could possibly help guide the second court in achieving its decision. Decisions by the U.S. Supreme Court are binding on all federal and state courts. Read more