case law Case law is legislation that is based on judicial decisions somewhat than regulation based on constitutions , statutes , or regulations . Case regulation concerns exclusive disputes resolved by courts using the concrete facts of the case. By contrast, statutes and regulations are written abstractly. Case legislation, 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 could be justified when the basic norm underlying a Constitution disappears in addition to a new system is put in its place.
Because the Supreme Court is definitely the final arbitrator of all cases where the decision is reached, therefore the decision in the Supreme Court needs to get taken care of as directed in terms of Article 187(two) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The ruling with the first court created case regulation that must be followed by other courts right until or Unless of course possibly new regulation is created, or possibly a higher court rules differently.
2299 of 2025. The findings are pending finalization and will be submitted without delay. In addition they stated that directives for strict compliance have been issued to all Karachi units, with non-compliance facing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They can be 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 of your Constitution based around 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 within the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
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We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law also to protect the rights and liberties guaranteed because of the Constitution and laws on the United States and this State.
ten. Without touching the merits of the case in the issue of yearly increases while in the pensionary emoluments with the petitioner, in terms of policy decision on the provincial government, such once-a-year increase, if permissible during the check here case of employees of KMC, necessitates further assessment being made by the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
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The Cornell Law School website offers many different information on legal topics, which include citation of case regulation, and even gives a video tutorial on case citation.
These lists are sorted chronologically by Chief Justice and involve all notable cases decided via the court. Articles exist for almost all cases.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely founded now that the provision for proforma promotion is not really alien or unfamiliar on the civil servant service structure but it's already embedded in Fundamental Rule seventeen, wherein it's lucidly enumerated that the appointing authority may perhaps if glad that a civil servant who was entitled to be promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service on the Federation/ province inside the higher post, direct that these kinds of civil servant shall be paid the arrears of pay and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to the main case, It is usually a very well-proven 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject for the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings about the evidence.