case legislation Case legislation is regulation that is based on judicial decisions rather than regulation based on constitutions , statutes , or regulations . Case regulation concerns exclusive disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law, also used interchangeably with common regulation , refers to the collection of precedents and authority established by previous judicial decisions on a particular issue or subject.
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 and also a new system is set in its place.
However, decisions rendered through the Supreme Court of your United States are binding on all federal courts, and on state courts regarding issues from the Constitution and federal law.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and also the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as a legally regarded conviction. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion involves a transfer to your higher position with increased responsibilities and rank. Upgradation, around the other hand, gives financial relief by positioning an employee in a higher spend scale, without switching their work duties or position. It is a system designed to address the stagnation of employees who have remained during the same spend scale for a protracted time, particularly when they deficiency possibilities for promotion. Upgradation can be a policy Device used to ease the hardship of lengthy-term stagnation. Read more
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—is definitely the principle by which judges are bound to this kind of 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 12 Justice with the Peace u/s 22-A is not really obliged to afford a possibility of hearing for the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is required to think about all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
However it can be made clear that police is free to acquire action against any person who is indulged in criminal activities matter to legislation. However no harassment shall be caused to the petitioner, if she acts within the bonds of law. Police shall also guarantee regard of the family lose in accordance with law and when they have reasonable ground to prevent the congnizable offence they could act, as far as raiding the house is concerned the police shall secure concrete evidence and obtain necessary permission from the concerned high police official/Magistrate like a issue of security with the house is concerned, which isn't public place under the Act 1977. 9. Thinking of the aforementioned details, the objective of filing this petition has long been reached. For that reason, this petition is hereby disposed of in the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 40 Order check here Date: 08-APR-twenty five Approved for Reporting WhatsApp
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is usually a perfectly-set up proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject into the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings over the evidence.
five hundred,000/- (Rupees 5 hundred thousand only) each along with the same shall be stored from the police station for the effect that no harm shall be caused into the petitioners. 5. In view of the above, this Constitutional Petition is disposed of Read more
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation around the police, and they must bear in mind, as held by this Court from time to time in its different pronouncemnts, that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect rather than abduct. Read more
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17 . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have listened to the figured out counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues with the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(1) of the Illegal Dispossession Act 2005 handy over possession with the subjected premises to your petitioner; that Illegal Dispossession Case needs for being decided with the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer while in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court needs to see this facet for interim custody of the topic premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
Therefore, this petition is found to be not maintainable and is dismissed along with the pending application(s), as well as the petitioners may perhaps seek out remedies through the civil court process as discussed supra. Read more