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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when The essential norm underlying a Constitution disappears and also a new system is place in its place.
In addition it addresses the limitation period under Article 91 and 120 of your Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
Persuasive Authority – Prior court rulings that could possibly be consulted in deciding a current case. It may be used to guide the court, but will not be binding precedent.
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not use, since the criminal Court has not convicted the petitioner, fairly he has actually been acquitted on the criminal charges based on evidence and it truly is perfectly-settled regulation that once the civil servant is acquitted from the criminal case, then on this quite charge he cannot be awarded in almost any punishment because of the department and held him disqualified with the post because acquittal for all upcoming purposes. The aforesaid proposition has actually been set at naught because of the Supreme Court of Pakistan during the case with the District Police Officer Mainwali and 2 others v.
Since the Supreme Court would be the final arbitrator of all cases where the decision has actually been achieved, therefore the decision in the Supreme Court needs to be taken care of as directed in terms of Article 187(two) from the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of the Peace u/s 22-A will not be obliged to afford an opportunity of hearing to your accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is necessary to contemplate all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it really is hassle-free to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to dispose of a case on benefit and more importantly when after recording of evidence it has achieved to a stage of final arguments, endeavors should be made for benefit disposal when it's got achieved such stage. Read more
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling over the same kind of case.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Bearing on the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition can be dismissed. This is because service of the grievance notice is actually a mandatory need as well as a precondition for filing a grievance petition. The click here regulation requires that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. When the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) If your organization is transprovincial.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is nicely-settled that the civil servants must first pursue internal appeals within ninety times. In the event the appeal is not really decided within that timeframe, he/she will then solution the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 times to the department to act has already expired. Within the aforesaid proposition, we've been guided with the decision of your Supreme Court within the case of Dr.
These lists are sorted chronologically by Chief Justice and include things like all notable cases decided with the court. Articles exist for almost all cases.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively founded now that the provision for proforma promotion will not be alien or unfamiliar for the civil servant service composition but it is already embedded in Fundamental Rule seventeen, wherein it is lucidly enumerated that the appointing authority may well if satisfied that a civil servant who was entitled to become promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service on the Federation/ province in the higher post, direct that these types of civil servant shall be paid the arrears of shell out and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Summaries offer a condensed overview of offences and their penalties, along with the procedural elements of prosecuting and punishing individuals accused of committing crimes.
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