Justia – a comprehensive resource for federal and state statutory laws, together with case regulation at both the federal and state levels.

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 as well as a new system is put 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 to be scrupulously fair into the offender plus the Magistracy is to ensure 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 law and order situation have been the subject of adverse comments from this Court in addition to from other courts Nevertheless they have did not 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 an abundance of this power casts an obligation to 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's made distinct that police is free to take action against any person who's indulged in criminal activities topic to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-industry duties during 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 on 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 appropriate forum. Read more

Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it requires legal transfer of title. Agreement to sell must be created and properly exhibited in evidence. Declining relief based on an unproduced click here and un-exhibited sale agreement is legally unsustainable. Read more

27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based around the same factual grounds. Whilst a writ under Article 199 is out there in specific limited situations, it is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-look at witnesses and present his/her defense but didn't persuade the department of his/her innocence.

In federal or multi-jurisdictional law systems there may perhaps exist conflicts between the assorted lessen appellate courts. Sometimes these differences will not be resolved, and it may be necessary to distinguish how the legislation is applied in a single district, province, division or appellate department.

Summaries offer concise insights into the legal principles governing agreements between parties, including the formation, interpretation, and enforceability of contracts, furnishing a useful resource for understanding contractual rights and obligations.

Summaries deliver an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and guidelines directed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.

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 be withheld on account of your allegations leveled against the petitioner, within our view, section twenty of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension can be withheld or reduced. These include 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 significant crime, their pension might be withheld or reduced. In certain cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions established by the government.

The reason for this difference is that these civil law jurisdictions adhere into a tradition that the reader should have the capacity to deduce the logic from the decision as well as statutes.[4]

In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.

refers to legislation that comes from decisions made by judges in previous cases. Case regulation, also known as “common legislation,” and “case precedent,” supplies a common contextual background for certain legal concepts, and how They may be applied in certain types of case.