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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 and also a new system is put in its place.

14. From the light on the position explained previously mentioned, it truly is concluded that a civil servant provides a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the length of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

Also, it might review an appeal of a decision for which it's granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts Should the Commission cannot attain a decision.

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 units, with non-compliance going through 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. twelve. This petition stands disposed of in the above terms. Read more

While there is not any prohibition against referring to case law from a state other than the state in which the case is being read, it holds tiny sway. Still, if there is no precedent while in the home state, relevant case law from another state can be regarded as via the court.

All executive and judicial authorities throughout Pakistan are obligated to act in assist of your Supreme Court, making certain the enforcement of its judgments. As being the Supreme Court will be the final arbitrator of all cases where the decision has become arrived at, the decision from the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) with the Constitution. Read more

However it is made clear that police is free to choose action against any person that's indulged in criminal activities subject matter to legislation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of law. Police shall also make sure respect with the family shed in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they might act, so far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate being a issue of security of your house is concerned, which isn't public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition has long been accomplished. As a result, this petition is hereby disposed of while in the terms stated higher than. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-twenty five 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 effectively-settled that whilst considering the case of normal promotion of civil servants, the competent authority must take into account the merit of many of the qualified candidates and after thanks deliberations, to grant promotion to these kinds of eligible candidates who will be found to get most meritorious amongst them. Considering that the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked from the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.

Summaries provide an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and procedures aimed toward safeguarding natural resources, mitigating environmental degradation, and combating climate change.

162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually well-settled that the civil servants must first go after internal appeals within 90 days. If the appeal is not decided within that timeframe, he/she can then approach the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the website 90 days to the department to act has already expired. Within the aforesaid proposition, we've been guided because of the decision with the Supreme Court while in the case of Dr.

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Preceding 4 tax years interpreted. It's not at all from the date of finalisation of audit but from the tax year involved. 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 for the main case, It is additionally a perfectly-established 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 a fact or evidence while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is issue to the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings around the evidence.