case law Case regulation is law that is based on judicial decisions rather than legislation 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 over 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 basic norm underlying a Constitution disappears plus a new system is put in its place.
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to become scrupulously fair into the offender as well as the Magistracy is to make sure 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 regulation and order situation have been the subject of adverse comments from this Court in addition to from other courts Nevertheless they have didn't 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 loads 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 any crime, his constitutional and fundamental rights must not be violated. However it can be made clear that police is free to get action against any person that is indulged in criminal activities subject matter to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-area duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
This Court may interfere where the authority held the proceedings against the delinquent officer within a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained through the disciplinary authority is based on no evidence. In the event the conclusion or finding is like no reasonable person would have ever reached, the Court might interfere with the conclusion or the finding and mold the relief to make it suitable towards the facts of each case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. Around the aforesaid proposition, we've been fortified via the decision with the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
145 . 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 moment Petition under Article 199 of the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
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Numerous judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name on the ECL based over the criminal case are inconsistent with recognized legal principles. Consequently, this petition must be allowed Read more
In some jurisdictions, case law is usually applied to ongoing adjudication; for example, criminal proceedings or family legislation.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives from the police will be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, make sure regulation and order to protect citizens' lives and property. The legislation enjoins the police to be scrupulously fair towards the offender and the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court and from other Courts, Nevertheless they have didn't have any corrective effect on it.
Under Article 199, the court possesses the authority to review government procedures for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. As a result, this petition is admissible based on recognized court precedents, along with the respondents' objections are overruled. Read more
The reason for this difference is that these civil regulation jurisdictions adhere to a tradition that the reader should manage to deduce the logic from the decision as well as the statutes.[four]
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 towards the main case, Additionally it is a properly-proven proposition of regulation here 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter to your procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to reach at its independent findings over the evidence.