Justia – an extensive resource for federal and state statutory laws, and also case regulation at both the federal and state levels.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified when The fundamental norm underlying a Constitution disappears along with a new system is put in its place.
Should the DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and commence according into the legislation. This petition stands disposed of in the above terms. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary on the determination with the current case are called obiter dicta, which represent persuasive authority but usually are not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]
13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed into the disposal of the instant petition to the premise that the DIGP Malir will hear the petitioner together with private respondents and will acquire care of the many elements of the case and ensure that no harassment shall be caused to both the parties.
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it calls for legal transfer of title. Agreement to sell must be produced and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Regulation professors traditionally have played a much smaller sized role in producing case law in common legislation than professors in civil law. Because court decisions in civil legislation traditions are historically brief[four] rather than formally amenable to establishing precedent, much on the exposition in the legislation in civil law traditions is completed by academics fairly than by judges; this is called doctrine and may be published in treatises or in journals for example Recueil Dalloz in France. Historically, common regulation courts relied minor on legal scholarship; So, on the turn with the twentieth century, it had been incredibly scarce to check out a tutorial writer quoted in a very legal decision (besides Possibly to the educational writings of distinguished judges for instance Coke and Blackstone).
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is anticipated that the persons obtaining their character previously mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is actually a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service will 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 accomplish away with the candidature on the petitioner. Read more
ten. Without touching the merits of the case with the issue of annual increases inside the pensionary emoluments on the petitioner, in terms of policy decision with the provincial government, this sort of yearly increase, if permissible while in the case of employees of KMC, involves further assessment to become made check here with the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
Article 27 with the Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment also. The disparity from the pay out scale allowances of Stenographers from the District Judiciary is within the very clear negation with the legislation laid down by the Supreme Court in its various pronouncements. Read more
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The regulation enjoins the police being scrupulously fair to the offender and the 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 subject of adverse comments from this Court in addition to from other courts but 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 on the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.
If granted absolute immunity, the parties would not only be protected from liability from the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request on the appellate court.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent along with the case under appeal, perhaps overruling the previous case legislation by setting a brand new precedent of higher authority. This may transpire several times because the case works its way through successive appeals. Lord Denning, first of your High Court of Justice, later on the Court of Appeal, provided a famous example of this evolutionary process in his development on the concept of estoppel starting in the High Trees case.
Free database for searching federal court dockets and documents pulled from PACER. Coverage is not really comprehensive, but this is a wonderful starting point. See Background section at base of RECAP website for more information.