Justia – an extensive resource for federal and state statutory laws, as well as case regulation at both the federal and state levels.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when The fundamental norm underlying a Constitution disappears in addition to a new system is set in its place.
ten . 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 get scrupulously fair towards the offender plus the Magistracy is to ensure 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 regulation and order situation have been the topic of adverse comments from this Court together with from other courts Nevertheless they have failed to 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.
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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 apply, because the criminal Court has not convicted the petitioner, instead he is acquitted from the criminal charges based on evidence and it is actually well-settled law that once the civil servant is acquitted within the criminal case, then on this extremely charge he cannot be awarded in any punishment from the department and held him disqualified to the post because acquittal for all future purposes. The aforesaid proposition continues to be set at naught with the Supreme Court of Pakistan during the case of the District Police Officer Mainwali and 2 others v.
Although there is not any prohibition against referring to case law from a state other than the state in which the case is being read, it holds little sway. Still, if there isn't any precedent within the home state, relevant case regulation from another state might be viewed as with the court.
Legislation professors traditionally have played a much lesser role in building case legislation in common regulation than professors in civil regulation. Because court decisions in civil law traditions are historically brief[four] instead of formally amenable to establishing precedent, much from the exposition on the regulation in civil regulation traditions is done by lecturers somewhat than by judges; this is called doctrine and may be published in treatises or in journals like Recueil Dalloz in France. Historically, common legislation courts relied minimal on legal scholarship; Hence, for the turn of your twentieth century, it was pretty rare to find out an educational writer quoted inside a legal decision (besides Potentially for your academic writings of notable judges which include Coke and Blackstone).
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Summaries offer concise insights into the legal principles governing agreements between parties, including the formation, interpretation, and enforceability of contracts, giving a useful resource for understanding contractual rights and obligations.
Summaries provide an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and procedures directed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
Under Article 199, the court possesses the authority to review government guidelines for reasonableness if applicable in respondent university and to safeguard aggrieved parties' rights. For that reason, this petition is admissible based on proven court precedents, and the respondents' objections are overruled. Read more
A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must make use of the previous court’s decision in applying the legislation. This example of case regulation refers to two cases read within the state court, at the same level.
17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have listened to the realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 handy over possession on the subjected premises for the petitioner; that Illegal Dispossession Case needs to become decided via the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer from the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this part for interim custody of the subject premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, Additionally it is a very well-founded proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter on the procedure provided website under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings within the evidence.