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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified when The fundamental norm underlying a Constitution disappears along with a new system is set in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is actually a free and democratic state, and once a person becomes a major he or she can marry whosoever he/she likes; In case the parents of your boy or Female do not approve of such inter-caste or interreligious marriage the utmost they're able to do if they could Slice off social relations with the son or even the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that is major undergoes inter-caste or inter-religious marriage with a woman or person who is a major, the couple is neither harassed by any person nor subjected to threats or acts of violence and anyone who provides this kind of threats or harasses or commits acts of violence both himself or at his instigation, is taken to undertaking by instituting criminal proceedings because of the police against these types of persons and further stern action is taken against such person(s) as provided by law.
The lots of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. However it is made distinct that police is free to choose action against any person who is indulged in criminal activities matter to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-field duties while in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not use, since the criminal Court hasn't convicted the petitioner, rather he has become acquitted with the criminal charges based on read more evidence and it is actually nicely-settled legislation that once the civil servant is acquitted from the criminal case, then on this really charge he cannot be awarded in almost any punishment via the department and held him disqualified to the post because acquittal for all long term purposes. The aforesaid proposition has been established at naught from the Supreme Court of Pakistan inside the case from the District Police Officer Mainwali and 2 others v.
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of your Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
All executive and judicial authorities throughout Pakistan are obligated to act in aid on the Supreme Court, ensuring the enforcement of its judgments. Given that the Supreme Court may be the final arbitrator of all cases where the decision has actually been attained, the decision of the Supreme Court needs being taken care of as directed in terms of Article 187(2) on the Constitution. Read more
Quite a few judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name about the ECL based about the criminal case are inconsistent with established legal principles. As a result, this petition must be allowed Read more
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The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to become gathered through the parties – specifically regarding the issue of absolute immunity.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is 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 duration of service for turning into entitled being regarded as for promotion to your higher grade, of course, will not be without logic because the officer that is initially inducted to your particular post needs to serve about the reported post to gain experience to hold the next higher post and to serve the public inside of a befitting method.
Criminal cases Within the common regulation tradition, courts decide the legislation applicable to your case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Contrary to most civil legislation systems, common law systems Adhere to the doctrine of stare decisis, by which most courts are bound by their individual previous decisions in similar cases. According to stare decisis, all decrease courts should make decisions consistent with the previous decisions of higher courts.