case law citation us - An Overview

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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified when The essential norm underlying a Constitution disappears and also a new system is place in its place.

As the Supreme Court would be the final arbitrator of all cases where the decision has become attained, therefore the decision of your Supreme Court needs to be taken care of as directed in terms of Article 187(two) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

When the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not had an opportunity to respond to the grievance and attempt to resolve it. In a few cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only completed In case the employee can show that they'd a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence plus the petitioner company responded to the allegations as such they were properly aware of the allegations and led the evidence therefore this point is ofno use to generally be seemed into in constitutional jurisdiction at this stage. Read more

2299 of 2025. The findings are pending finalization and will be submitted without delay. Additionally they stated that directives for strict compliance have been issued to all Karachi models, with non-compliance struggling with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, they are 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 mentioned terms. 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 with the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.

Summaries offer a concise insight into the realm of dispute resolution outside the house traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts swiftly and competently.

We're an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and to protect the rights and liberties guaranteed by the Constitution and laws of your United States and this State.

10. Without touching the merits in the case on the issue of once-a-year increases while in the pensionary emoluments of your petitioner, in terms of policy decision of the provincial government, these annual increase, if permissible inside the case of employees of KMC, involves further assessment to get made by the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more

Article 27 in the Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment also. The disparity during the spend scale allowances of Stenographers inside the District Judiciary is while in the very clear negation of the regulation laid down via the Supreme Court in its different pronouncements. Read more

162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually nicely-settled that the civil servants must first pursue internal appeals within 90 times. In the event the appeal is not really decided within that timeframe, he/she will be able to then method the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and get more info cannot merely direct the department to decide it, as being the ninety times with the department to act has already expired. To the aforesaid proposition, we're guided with the decision in the Supreme Court in the case of Dr.

The appellate court determined that the trial court experienced not erred in its decision to allow more time for information being gathered via the parties – specifically regarding the issue of absolute immunity.

In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.

The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more