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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when The fundamental norm underlying a Constitution disappears in addition to a new system is put in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is actually a free and democratic region, and once a person becomes a major she or he can marry whosoever he/she likes; In case the parents with the boy or Lady never approve of these inter-caste or interreligious marriage the utmost they will do if they could Slash off social relations with the son or perhaps the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who's major undergoes inter-caste or inter-religious marriage with a woman or man that is a major, the couple is neither harassed by everyone nor subjected to threats or acts of violence and anybody who presents this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to job by instituting criminal proceedings through the police against this kind of persons and further stern action is taken against such person(s) as provided by regulation.
The ruling on the first court created case regulation that must be followed by other courts till or unless both new law is created, or simply a higher court rules differently.
Therefore, this petition is found for being not maintainable and is dismissed along with the pending application(s), and the petitioners may well seek remedies through the civil court process as discussed supra. Read more
Generally speaking, higher courts do not have direct oversight over the decreased courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments with the reduce courts.
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 12 Justice of the Peace u/s 22-A just isn't obliged to afford a chance of hearing into the accused party; nor obliged to automatically or mechanically issue directions for registration of FIR; but is required to look at all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
However it can be made very clear that police is free to consider action against any person that's indulged in criminal activities subject to law. However no harassment shall be caused on the petitioner, if she acts within the bonds of law. Police shall also make sure respect on the family shed in accordance with law and if they have reasonable ground to prevent the congnizable offence they might act, as far as raiding the house is concerned the police shall protected concrete evidence and acquire necessary permission from the concerned high police official/Magistrate like a issue of security of your house is concerned, which isn't public place under the Act 1977. 9. Looking at the aforementioned details, the objective of filing this petition has been reached. Consequently, this petition is hereby disposed of in the terms stated previously mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is perfectly-settled that though considering the case of normal promotion of civil servants, the competent authority needs to take into account the merit of each of the suitable candidates and after due deliberations, to grant promotion to these kinds of eligible candidates that are found to become most meritorious among them. Because the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked because of the respondent department just to extend favor for the blue-eyed candidate based on OPS, which is apathy on the part from the respondent department.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Relating the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition could be dismissed. This is because service on the grievance notice is often a mandatory need in addition to a precondition for filing a grievance petition. The law check here involves that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. If the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to get scrupulously fair on the offender and also the Magistracy is to be sure 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 subject of adverse comments from this Court and also from other courts However they have did not have any corrective effect on it.
ten. Based within the findings of your inquiry committee, this petition just isn't deemed maintainable and is therefore liable to generally be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion would be the vested right of a civil servant, therefore, neither any seniority nor any promotion can be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular duration of service for turning out to be entitled to be deemed for promotion to a higher quality, of course, just isn't without logic as the officer who's in the beginning inducted to some particular post needs to provide about the reported post to gain experience to hold the next higher post also to provide the public inside a befitting way.
refers to regulation that will come from decisions made by judges in previous cases. Case regulation, also known as “common regulation,” and “case precedent,” presents a common contextual background for certain legal concepts, And exactly how They're applied in certain types of case.