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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when the basic norm underlying a Constitution disappears in addition to a new system is put in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police to generally be scrupulously fair towards the offender and the Magistracy is to be sure 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 along with from other courts Nonetheless 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.
The a lot 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 a crime, his constitutional and fundamental rights must not be violated. However it truly is made apparent that police is free to take action against any person who is indulged in criminal activities topic 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 your officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-area 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
This is because transfer orders are typically deemed within the administrative discretion in the employer. However, there can be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the right forum. Read more
The proposal seems to be reasonable and acceded to. While in the meantime police shall remain neutral while in the private dispute between the parties, however, if any with the individuals is indulged in criminal action the police shall consider prompt action against them under law. five. The moment petition is disposed of in the above mentioned terms. Read more
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The legislation as set up in previous court rulings; like common law, which springs from judicial decisions and tradition.
Some bodies are specified statutory powers to issue steerage with persuasive authority or similar statutory effect, such as the Highway Code.
This Court may interfere where the authority held the proceedings against the delinquent officer in the fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached from the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever achieved, the Court might interfere with the conclusion or the finding and mold the here relief to make it acceptable to your facts of each and every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or maybe the nature of punishment. Within the aforesaid proposition, we're fortified from the decision on 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is nicely-settled that the civil servants must first pursue internal appeals within ninety times. Should the appeal isn't decided within that timeframe, he/she can then method the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the 90 days to the department to act has already expired. About the aforesaid proposition, we have been guided because of the decision with the Supreme Court while in the case of Dr.
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Where there are several members of a court deciding a case, there might be a person or more judgments provided (or reported). Only the reason for the decision of your majority can represent a binding precedent, but all can be cited as persuasive, or their reasoning could be adopted within an argument.
The Court holds the authority to review any criminal or civil cases, apart from most civil cases in which the amount in controversy does not exceed $two hundred. Furthermore, it regulates the legal profession in Washington, and it has issued a Code of Judicial Conduct to guide the actions of state judges.