famous case laws in pakistan Secrets
famous case laws in pakistan Secrets
Blog Article
Justia – a comprehensive resource for federal and state statutory laws, and also case law 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 can be justified when the basic norm underlying a Constitution disappears in addition to a new system is put in its place.
10 . 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 get scrupulously fair to the offender and the Magistracy is to guarantee 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 as well as from other courts Nonetheless 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 loads 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 just a crime, his constitutional and fundamental rights must not be violated. However it is actually made crystal clear that police is free to just take action against any person who's indulged in criminal activities topic to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, 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-field duties within the interim period. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion consists of a move to a higher position with increased responsibilities and rank. Upgradation, about the other hand, presents financial relief by placing an employee inside a higher fork out scale, without changing their work duties or position. It is a system designed to address the stagnation of employees who have remained within the same fork out scale for a long time, particularly when they absence opportunities for promotion. Upgradation is actually a policy Resource used to alleviate the hardship of extended-term stagnation. Read more
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—is definitely the principle by which judges are bound to these kinds of past decisions, drawing on founded judicial authority to formulate their positions.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring about exoneration from departmental charges based to the same factual grounds. Though a writ under Article 199 is out there in specific limited situations, it can be generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-look at witnesses and present his/her defense but didn't convince the department of his/her innocence.
In federal or multi-jurisdictional legislation systems there may exist conflicts between the different reduce appellate courts. Sometimes these differences is probably not resolved, and it might be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
On June sixteen, 1999, a lawsuit was filed on behalf of your boy by a guardian advertisement litem, against DCFS, the social worker, along with the therapist. A similar lawsuit was also filed on behalf from the Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for just a dismissal based on absolute immunity, as they were all acting in their Positions with DCFS.
Article 199 in the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It truly is well-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 law enjoins the police for being scrupulously fair to the offender and also the Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, strip search case law these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court in addition to from other courts but 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 a lot of this power casts an obligation over 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.
The reason for this difference is that these civil law jurisdictions adhere to the tradition that the reader should be capable of deduce the logic from the decision and the statutes.[4]
We make no warranties or guarantees about the precision, completeness, or adequacy of the information contained on this site, or the information linked to on the state site. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
Summaries give a condensed overview of offences and their penalties, as well as the procedural facets of prosecuting and punishing individuals accused of committing crimes.