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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when the basic norm underlying a Constitution disappears and a new system is set in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. five/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 heard the figured out counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues on the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section 7(one) of your Illegal Dispossession Act 2005 to hand over possession of your subjected premises towards the petitioner; that Illegal Dispossession Case needs to be decided through the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer during the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court needs to see this element for interim custody of the topic premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
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149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Generally speaking, higher courts never have direct oversight over the decrease courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments of the lower courts.
Inside the United States, courts exist on both the federal and state levels. The United States Supreme Court will be the highest court during the United States. Lower courts about the federal level consist of here the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, as well as U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts hear cases involving matters related towards the United States Constitution, other federal laws and regulations, and certain matters that require parties from different states or countries and large sums of money in dispute. Every state has its individual judicial system that contains trial and appellate courts. The highest court in Each individual state is usually referred to as being the “supreme” court, While there are a few exceptions to this rule, for example, the Ny Court of Appeals or perhaps the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state law and regulations, While state courts may also generally hear cases involving federal laws.
We've been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of legislation and to protect the rights and liberties guaranteed by the Constitution and laws with the United States and this State.
Case law, also used interchangeably with common legislation, can be a regulation that is based on precedents, that is definitely the judicial decisions from previous cases, relatively than regulation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding reached through the disciplinary authority is based on no evidence. If the summary or finding is which include no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or maybe the finding and mould the relief to really make it acceptable to your 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-take pleasure in the evidence or maybe the nature of punishment. About the aforesaid proposition, we've been fortified with the decision of the Supreme Court inside 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(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five 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 go after internal appeals within 90 days. If the appeal isn't decided within that timeframe, he/she can then approach the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety days for the department to act has already expired. On the aforesaid proposition, we're guided through the decision in the Supreme Court from the case of Dr.
If granted absolute immunity, the parties would not only be protected from liability while in the matter, but couldn't be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request towards the appellate court.
Usually, only an appeal accepted from the court of last resort will resolve such differences and, For several reasons, these kinds of appeals in many cases are not granted.
refers to law that comes from decisions made by judges in previous cases. Case legislation, also known as “common legislation,” and “case precedent,” presents a common contextual background for certain legal concepts, And exactly how They're applied in certain types of case.