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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 fundamental norm underlying a Constitution disappears in addition to a new system is put in its place.
Today academic writers will often be cited in legal argument and decisions as persuasive authority; normally, they are cited when judges are attempting to apply reasoning that other courts have not nevertheless adopted, or when the judge believes the educational's restatement in the regulation is more powerful than could be found in case law. Consequently common regulation systems are adopting on the list of ways prolonged-held in civil law jurisdictions.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination with the current case are called obiter dicta, which constitute persuasive authority but usually are not technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[4]
2299 of 2025. The findings are pending finalization and will be submitted without delay. They also stated that directives for strict compliance have been issued to all Karachi models, with non-compliance struggling with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, they are directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. 12. This petition stands disposed of in the above terms. Read more
one hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 on the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
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Many judgments have affirmed that the mere registration of a crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name on the ECL based about the criminal case are inconsistent with established legal principles. As a result, this petition must be allowed Read more
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in here accordance with a previously made ruling around the same type of case.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives in the police should be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, ensure regulation and order to protect citizens' lives and property. The regulation enjoins the police being scrupulously fair towards the offender plus the Magistracy is to be sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the legislation and order situation have been the topic of adverse comments from this Court together with from other Courts, Nonetheless they have did not have any corrective effect on it.
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 of your regulation laid down by the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority from the parent department from the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and shell out the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority on the respondent can also be directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
The appellate court determined that the trial court had not erred in its decision to allow more time for information to be gathered from the parties – specifically regarding the issue of absolute immunity.
Where there are several members of the court deciding a case, there could possibly be just one or more judgments provided (or reported). Only the reason with the decision of your majority can represent a binding precedent, but all can be cited as persuasive, or their reasoning could possibly be adopted in an argument.
Therefore, this petition is found to become not maintainable which is dismissed along with the pending application(s), as well as petitioners could request remedies through the civil court process as discussed supra. Read more