Justia – a comprehensive resource for federal and state statutory laws, in addition to case law at both the federal and state levels.

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

10 . 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 be scrupulously fair into the offender and also the Magistracy is to be 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 law and order situation have been the topic of adverse comments from this Court together with from other courts but they have did not 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 a good amount of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. However it's made clear that police is free to acquire action against any person who is indulged in criminal activities issue to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-discipline duties while in the interim period. Read more

This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at from the disciplinary authority is based on no evidence. When the conclusion or finding is like no reasonable person would have ever attained, the Court may possibly interfere with the conclusion or even the finding and mold the relief to make it suitable to the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. To the aforesaid proposition, we have been fortified from the decision of the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

Though there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being listened to, it holds minimal sway. Still, if there is no precedent from the home state, relevant case law from another state can be regarded as by the court.

Within the United States, people are not necessary to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their individual can remember one particular rule of thumb when it comes to referring to case regulation or precedent in court documents: be as specific as you possibly can, leading the court, not only into the case, but on the section and paragraph containing the pertinent information.

We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of regulation and also to protect the rights and liberties guaranteed with the Constitution and laws on the United States and this State.

The DCFS social worker in charge of the boy’s case experienced the boy made a ward of DCFS, As well as in her 6-thirty day period report towards the court, the worker elaborated over the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more read more homelike setting.” The court approved her plan.

The law of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..

The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation on the police, they usually must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect instead of abduct. Read more

In 1997, the boy was placed into the home of John and Jane Roe as being a foster child. Even though the couple had two young children of their have at home, the social worker did not notify them about the boy’s history of both being abused, and abusing other children. When she made her report to your court the following working day, the worker reported the boy’s placement during the Roe’s home, but didn’t mention that the couple had younger children.

Given that the Supreme Court is definitely the final arbitrator of all cases where the decision has been reached, therefore the decision of the Supreme Court needs for being 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 acquired Tribunal shall decide the case on merits, without being influenced from the findings during the Impugned order, after recording of evidence in the respective parties. Read more