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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 as well as a new system is set in its place.

Additionally, it addresses the limitation period under Article ninety one and one hundred twenty in the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more

The a good amount of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. However it's made distinct that police is free to just take action against any person who is indulged in criminal activities subject matter to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-area duties while in the interim period. Read more

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 moment Petition under Article 199 in the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.

Generally speaking, higher courts don't have direct oversight over the reduced courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments from the reduce courts.

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S. Supreme Court. Generally speaking, proper case citation includes the names in the parties to the original case, the court in which the case was listened to, the date it was decided, plus the book in which it can be recorded. Different citation requirements may incorporate italicized or underlined text, and certain specific abbreviations.

10. Without touching the merits of your case in the issue of once-a-year increases within the pensionary emoluments in the petitioner, in terms of policy decision of the provincial government, these kinds of once-a-year increase, if permissible during the case of employees of KMC, demands further assessment being made from the court of plenary jurisdiction. KMC's reluctance on account of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more

12. There isn't any denial from the fact that in Government service it is expected that the persons owning their character higher than board, free from any moral stigma, are being inducted. Verification of character and antecedents is a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to the Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to carry out absent with the candidature in the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp

As a result, this petition is hereby disposed of inside the terms stated previously mentioned. However no harassment shall be caused to both party plus the case shall be decided via the competent court of law if pending. Read more

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eight. For the reasons stated above, this court finds the petition here to become without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is Therefore acceded to. All pending applications, if any, may also be dismissed. Read more

Free database for searching federal court dockets and documents pulled from PACER. Coverage just isn't thorough, but this is a wonderful starting point. See Background section at base of RECAP website for more information.