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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when the basic norm underlying a Constitution disappears as well as a new system is put in its place.

It also addresses the limitation period under Article 91 and one hundred twenty of the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more

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This Court could interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. Should the summary or finding is for example no reasonable person would have ever attained, the Court might interfere with the conclusion or the finding and mold the relief to really make it correct on the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or maybe the nature of punishment. To the aforesaid proposition, we have been fortified with the decision from the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

However it is made clear that police is free to acquire action against any person who is indulged in criminal activities subject matter to legislation. However no harassment shall be caused on the petitioner, if she acts within the bonds of law. Police shall also guarantee regard of your family lose in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they can act, as far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate as being a issue of security of the house is concerned, which just isn't public place under the Act 1977. nine. Thinking of the aforementioned details, the objective of filing this petition continues to be achieved. As a result, this petition is hereby disposed of from the terms stated over. Read more

All executive and judicial authorities throughout Pakistan are obligated to act in assist from the Supreme Court, ensuring the enforcement of its judgments. As being the Supreme Court is the final arbitrator of all cases where the decision is reached, the decision on the Supreme Court needs to be taken care of as directed in terms of Article 187(two) with the Constitution. Read more

Because of this, just citing the case is more very likely to annoy a judge than help the party’s case. Consider it as calling someone to tell them you’ve found their missing phone, then telling them you live in these-and-this sort of community, without actually giving them an address. Driving around the community trying to find their phone is probably going to get more frustrating than it’s well worth.

ten. Without touching the merits from the case of your issue of yearly increases while in the pensionary emoluments on the petitioner, in terms of policy decision from the provincial government, such annual increase, if permissible from the case of employees of KMC, necessitates further assessment for being made via the court of plenary jurisdiction. KMC's reluctance because of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more

12. There is no denial from the fact that in Government service it is anticipated that the persons getting their character previously mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is actually a condition precedent for appointment to some 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 into a 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 method out or guise to perform away with the candidature with the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order read more Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp

Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The legislation enjoins the police to get scrupulously fair towards the offender and also the Magistracy is to be 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 regulation and order situation have been the topic of adverse comments from this Court along with from other courts However 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 lots of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.

Statutory laws are Individuals created by legislative bodies, like Congress at both the federal and state levels. Whilst this type of legislation strives to condition our society, delivering rules and guidelines, it would be extremely hard for any legislative body to anticipate all situations and legal issues.

Preceding 4 tax years interpreted. It is far from from the date of finalisation of audit but from the tax year involved. Read more

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 to the main case, It is additionally a nicely-proven 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter into the procedure provided under the relevant rules and not 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 over the evidence.