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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 basic norm underlying a Constitution disappears plus a new system is set in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have listened to the realized counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues with the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 handy over possession on the subjected premises on the petitioner; that Illegal Dispossession Case needs to become decided by the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer inside the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has got to see this aspect 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 weeks from the date of receipt of this order.
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As a result, the petition and any related applications are dismissed. The Petitioner must pursue his remedy through an appeal before the competent authority. If these types of an appeal hasn't but been decided, it should be addressed. Following that decision, the Petitioner might then request further recourse before the Service Tribunal. Read more
The proposal seems to be reasonable and acceded to. During the meantime police shall remain neutral during the private dispute between the parties, however, if any with the individuals is indulged in criminal action the police shall consider prompt action against them under regulation. five. The instant petition is disposed of in the above mentioned terms. Read more
Apart from the rules of procedure for precedent, the burden specified to any reported judgment may rely on the reputation of both the reporter and the judges.[seven]
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is really a free and democratic country, and once a person becomes a major they can marry whosoever he/she likes; In the event the parents on the boy or girl do not approve of these types of inter-caste or interreligious marriage the utmost they can do if they will Lower off social relations with the son or the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who's major undergoes inter-caste or inter-religious marriage with a woman or man that's a major, the couple is neither harassed by anyone nor subjected to threats or acts of violence and anybody who provides such threats or harasses or commits acts of violence both himself or at his instigation, is taken to process by instituting criminal proceedings with the police against this kind of persons and further stern action is taken against these person(s) as provided by legislation.
10. Without touching the merits in the case with the issue of annual increases within the pensionary emoluments with the petitioner, in terms of policy decision in the provincial government, these types of once-a-year increase, if permissible while in the case of employees of KMC, involves further assessment being made from the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and not enough 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
12. There is no denial from the fact that in Government service it is predicted that the persons acquiring their character over board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is usually a condition precedent for appointment to your 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 the Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to perform away with the candidature on the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
Under Article 199, the court possesses the authority to review government guidelines for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. For that reason, this petition is admissible based on proven court precedents, along with the respondents' objections are overruled. Read more
Statutory laws are Those people created by legislative bodies, for example Congress at both the federal and state levels. Whilst this variety of legislation strives to shape our society, giving rules and guidelines, it read more would be unattainable for virtually any legislative body to anticipate all situations and legal issues.
Usually, only an appeal accepted from the court of last resort will resolve such differences and, For several reasons, these appeals are often not granted.
The Court holds the authority to review any criminal or civil cases, aside from most civil cases in which the amount in controversy does not exceed $two hundred. Additionally, it regulates the legal profession in Washington, and it has issued a Code of Judicial Conduct to guide the actions of state judges.