case legislation Case legislation is legislation that is based on judicial decisions relatively than legislation based on constitutions , statutes , or regulations . Case legislation concerns special 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 legislation , refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or subject matter.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when The fundamental norm underlying a Constitution disappears plus a new system is place in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have listened to the acquired counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues in the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(1) of the Illegal Dispossession Act 2005 handy over possession on the subjected premises to the petitioner; that Illegal Dispossession Case needs being decided from the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this element for interim custody of the topic premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
The a lot 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 for just a crime, his constitutional and fundamental rights must not be violated. However it can be made obvious that police is free to consider action against any person that's indulged in criminal activities issue 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. If the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-area duties during the interim period. Read more
thirteen. The Supreme Court has held that as soon as the act of misconduct is founded along with the employee is found guilty after due process of legislation, it is the prerogative with the employer to decide the quantum of punishment, out of the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness on the act of misconduct is not really ample though the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful manner. Read more
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 the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
Apart from the rules of procedure for precedent, the load presented to any reported judgment might rely upon the reputation of both the reporter along with the judges.[7]
Because of this, basically citing the case is more likely to annoy a judge than help the party’s case. Visualize it as calling an individual to tell them you’ve found their shed phone, then telling them you live in these kinds of-and-this kind of community, without actually providing them an address. Driving across the community wanting to find their phone is probably going being more frustrating than it’s value.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a properly-recognized proposition of legislation 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 achieve 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 inside the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent more info officer is guilty of your charge, however, that is subject into the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings over the evidence.
Do you think you're looking for Court Information? You may use our site to search to get a case or search for a person. Information within the site is updated every 24 several hours at 3:00 am. Please Note: Name and Case information found within the search site is provided to be used as reference material and is not the official court record.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance with the respondents that pensionary benefits could possibly be withheld on account of your allegations leveled against the petitioner, inside our view, section 20 of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These involve 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 can be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established from the government.
Problems or Errors If you encounter any technical problems with this website (for instance a lousy link or a portion of the opinion lacking), please notify the eService Middle.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its unique purpose and called for educational programs Bachelor degree(s) in the topic of cooperative societies. Read more