We make no warranties or guarantees about the precision, completeness, or adequacy from the information contained on this site, or maybe the information linked to around the state site. Some case metadata and case summaries were written with the help of AI, which can make inaccuracies. You should read the full case before counting on it for legal research purposes.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when The essential norm underlying a Constitution disappears and a new system is put in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 usually a free and democratic country, and once a person becomes a major he / she can marry whosoever he/she likes; When the parents from the boy or Female do not approve of such inter-caste or interreligious marriage the utmost they can do if they might Reduce off social relations with the son or perhaps the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that is major undergoes inter-caste or inter-religious marriage with a woman or male that's a major, the pair is neither harassed by anyone nor subjected to threats or acts of violence and anyone who gives this sort of threats or harasses or commits acts of violence both himself or at his instigation, is taken to process by instituting criminal proceedings with the police against these types of persons and further stern action is taken against these person(s) as provided by legislation.
The lots of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it is made obvious that police is free to choose action against any person that's indulged in criminal activities issue to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-discipline duties inside 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
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some duration, both parties have agreed on the disposal of the moment petition about the premise that the DIGP Malir will listen to the petitioner along with private respondents and will consider care of many of the areas of the case and be certain that no harassment shall be caused to both the parties.
Whilst there is not any prohibition against referring to case legislation from a state other than the state in which the case is being heard, it holds small sway. Still, if there is not any precedent while in the home state, relevant case legislation from another state could be thought of through the court.
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 in a very criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring about exoneration from departmental charges based on the same factual grounds. Though a writ under Article 199 is offered in specific limited situations, it's generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-look at witnesses and present his/her defense but didn't encourage the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is expected that the persons getting their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is usually a condition precedent for appointment to some Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to carry out away with the candidature on the petitioner. Read more
Only the written opinions from the Supreme Court and the Court of Appeals are routinely readily available. Decisions from the lessen (trial) courts will not be generally published or dispersed.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever arrived at, the Court may well interfere with the conclusion or maybe the finding and mould the relief to make it suitable to your facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge here of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. On the aforesaid proposition, we've been fortified through the decision in the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance of the respondents that pensionary benefits might be withheld on account from the allegations leveled against the petitioner, within our view, section twenty of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension might be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could be withheld or reduced. In some cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set with the government.
Statutory laws are Individuals created by legislative bodies, which include Congress at both the federal and state levels. While this sort of legislation strives to condition our society, providing rules and guidelines, it would be extremely hard for virtually any legislative body to anticipate all situations and legal issues.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent plus the case under appeal, perhaps overruling the previous case legislation by setting a fresh precedent of higher authority. This may transpire several times because the case works its way through successive appeals. Lord Denning, first of the High Court of Justice, later on the Court of Appeal, provided a famous example of this evolutionary process in his enhancement on the concept of estoppel starting during the High Trees case.
Criminal cases Within the common regulation tradition, courts decide the legislation applicable into a case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Contrary to most civil law systems, common regulation systems Stick to the doctrine of stare decisis, by which most courts are bound by their very own previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions regular with the previous decisions of higher courts.