Facts About case law on status quo on transfer of legal shares Revealed
Facts About case law on status quo on transfer of legal shares Revealed
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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 fundamental norm underlying a Constitution disappears and a new system is put in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police to be scrupulously fair towards the offender as well as Magistracy is to make certain 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 topic of adverse comments from this Court together with 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 lots 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 a crime, his constitutional and fundamental rights must not be violated. However it is made clear that police is free to take action against any person who is indulged in criminal activities issue to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-subject duties while in the interim period. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not apply, because the criminal Court hasn't convicted the petitioner, rather he is acquitted on the criminal charges based on evidence and it is actually well-settled legislation that once the civil servant is acquitted during the criminal case, then on this extremely charge he cannot be awarded in almost any punishment from the department and held him disqualified for your post because acquittal for all foreseeable future purposes. The aforesaid proposition has long been set at naught from the Supreme Court of Pakistan while in the case with the District Police Officer Mainwali and a couple of others v.
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—may be the principle by which judges are bound to these past decisions, drawing on set up judicial authority to formulate their positions.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of your Peace u/s 22-A is not obliged to afford an opportunity of hearing to the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is necessary to look at all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
The law as proven in previous court rulings; like common law, which springs from judicial decisions and tradition.
In certain jurisdictions, case legislation may be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
The law of necessity regarded and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called law of necessity..
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative on the legislation laid down with the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority in the parent department of the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and fork out the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the law within two alien enemy case law months from the date of receipt of this order. The competent authority of the respondent is usually directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
10. Based around the findings with the inquiry committee, this petition will not be deemed maintainable and is therefore liable to be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
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 regulation previously rendered on similar cases.
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor diploma(s) in the subject of cooperative societies. Read more