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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when the basic norm underlying a Constitution disappears and a new system is put in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The regulation enjoins the police to get scrupulously fair towards the offender plus the Magistracy is to guarantee 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 law and order situation have been the subject of adverse comments from this Court and also from other courts Nonetheless 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.
Also, it could review an appeal of the decision for which it's got granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts When the Commission cannot attain a decision.
thirteen. The Supreme Court has held that the moment the act of misconduct is established along with the employee is found guilty after thanks process of regulation, it's the prerogative of your employer to decide the quantum of punishment, out of the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness of your act of misconduct will not be enough although the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful method. Read more
To the foregoing reasons the moment suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice from the Peace u/s 22-A isn't obliged to afford a possibility of hearing to your accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to consider all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
In federal or multi-jurisdictional legislation systems there might exist conflicts between the different reduce appellate courts. Sometimes these differences may not be resolved, and it might be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
10. Without touching the merits of your case in the issue of once-a-year increases from the pensionary emoluments of the petitioner, in terms of policy here decision on the provincial government, these types of once-a-year increase, if permissible during the case of employees of KMC, necessitates further assessment for being made because of the court of plenary jurisdiction. KMC's reluctance because of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
Article 27 of your Constitution does not only safeguard against discrimination for the time of appointment of service but after the appointment as well. The disparity within the pay out scale allowances of Stenographers from the District Judiciary is inside the crystal clear negation of your regulation laid down through the Supreme Court in its several pronouncements. Read more
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police being scrupulously fair on 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 law and order situation have been the topic of adverse comments from this Court as well as from other courts However they have did not have any corrective effect on it.
If granted absolute immunity, the parties would not only be protected from liability within the matter, but couldn't be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request into the appellate court.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion will be the vested right of the civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular length of service for starting to be entitled to become regarded for promotion to the higher grade, of course, will not be without logic as being the officer who is to begin with inducted to a particular post needs to provide on the stated post to gain experience to hold the next higher post also to serve the public inside of a befitting method.
refers to legislation that comes from decisions made by judges in previous cases. Case law, also known as “common law,” and “case precedent,” gives a common contextual background for certain legal concepts, And the way They can be applied in certain types of case.