case regulation Case law is law that is based on judicial decisions somewhat than regulation based on constitutions , statutes , or regulations . Case law concerns exceptional disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case legislation, also used interchangeably with common regulation , refers to the collection of precedents and authority set by previous judicial decisions on the particular issue or matter.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when The fundamental norm underlying a Constitution disappears and a new system is place 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 being scrupulously fair for the offender along with the Magistracy is to make 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 and from other courts but 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.
The lots of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. However it is made clear that police is free to take action against any person that's indulged in criminal activities subject matter to legislation. eight. 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, they usually shall be assigned non-area duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
13 . 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 to your disposal of the instant petition within the premise that the DIGP Malir will hear the petitioner and private respondents and will just take care of each of the aspects of the case and assure that no harassment shall be caused to both the parties.
However it really is made apparent that police is free to just take action against any person who's indulged in criminal activities issue to legislation. However no harassment shall be caused into the petitioner, if she acts within the bonds of legislation. Police shall also make sure regard in the family lose in accordance with legislation and when they have reasonable ground to prevent the congnizable offence they can act, as far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate as being a issue of security with the house is concerned, which just isn't public place under the Act 1977. nine. Thinking about the aforementioned details, the objective of filing this petition has been realized. As a result, this petition is hereby disposed of from the terms stated over. Read more
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Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is predicted that the persons owning their character above board, free from any moral stigma, are to become inducted. Verification of character and antecedents is often a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to the Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to carry out absent with the candidature with the petitioner. Read more
Summaries offer concise insights into the legal principles governing agreements between parties, such as the formation, interpretation, and enforceability of contracts, supplying a precious resource for understanding contractual rights and obligations.
Article 199 in the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It's effectively-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative from the legislation laid down through the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority with the parent department of your petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and pay out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority in the respondent is also directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Any court may perhaps find to distinguish the present case from that of the binding precedent, to reach a different conclusion. The validity of this type of distinction might or might check here not be accepted on appeal of that judgment into a higher court.
Previous 4 tax years interpreted. It's not necessarily from the date of finalisation of audit but from the tax year involved. Read more
Criminal cases While in the common legislation tradition, courts decide the law applicable to your case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. In contrast to most civil regulation systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions constant with the previous decisions of higher courts.