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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when The essential norm underlying a Constitution disappears and also a new system is place in its place.
Because the Supreme Court could be the final arbitrator of all cases where the decision has long been arrived at, therefore the decision with the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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However it is actually made distinct that police is free to acquire action against any person who is indulged in criminal activities subject matter to law. However no harassment shall be caused for the petitioner, if she acts within the bonds of regulation. Police shall also ensure regard of your family drop in accordance with legislation and should they have reasonable ground to prevent the congnizable offence they will 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 for a issue of security of your house is concerned, which is not public place under the Act 1977. 9. Contemplating the aforementioned details, the objective of filing this petition is attained. As a result, this petition is hereby disposed of from the terms stated earlier mentioned. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of the Peace u/s 22-A just isn't obliged to afford a possibility of hearing towards the accused party; nor obliged to automatically 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 law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are several of the relevant factors. Read more
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this can be a free and democratic country, and once a person becomes a major they can marry whosoever he/she likes; if the parents of the boy or Lady do not approve of these kinds of inter-caste or interreligious marriage the most they could do if they can Minimize off social relations with the son or the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that click here the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or man who's a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anyone who offers such threats or harasses or commits acts of violence either himself or at his instigation, is taken to undertaking by instituting criminal proceedings from the police against these persons and further stern action is taken against these types of person(s) as provided by law.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be properly-settled that even though contemplating the case of normal promotion of civil servants, the competent authority must take into account the advantage of every one of the qualified candidates and after due deliberations, to grant promotion to these kinds of eligible candidates who will be found to get most meritorious amongst them. Considering that the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was dismissed by the respondent department just to increase favor towards the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
twelve. There is no denial from the fact that in Government service it is predicted that the persons possessing their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is actually a condition precedent for appointment to a 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 to a Government service could 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(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp
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171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is very well set up now that the provision for proforma promotion is not alien or unfamiliar into the civil servant service framework but it is already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may well if contented 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 within the higher post, direct that these types of civil servant shall be paid the arrears of pay out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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