case regulation Case regulation is regulation that is based on judicial decisions alternatively than regulation based on constitutions , statutes , or regulations . Case regulation concerns exceptional disputes resolved by courts using the concrete facts of the case. By contrast, statutes and regulations are written abstractly. Case regulation, also used interchangeably with common legislation , refers back to the collection of precedents and authority established by previous judicial decisions on the particular issue or subject.

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

As the Supreme Court could be the final arbitrator of all cases where the decision has actually been achieved, therefore the decision of your Supreme Court needs for being taken care of as directed in terms of Article 187(two) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

We make no warranties or guarantees about the precision, completeness, or adequacy from the information contained on this site, or the information linked to to the state site. Some case metadata and case summaries were written with the help of AI, which can deliver inaccuracies. You should read the full case before counting on it for legal research purposes.

The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion consists of a shift to your higher position with increased responsibilities and rank. Upgradation, on the other hand, provides financial relief by positioning an employee inside a higher spend scale, without transforming their job duties or position. It's a mechanism designed to address the stagnation of employees who have remained inside the same fork out scale for a lengthy time, particularly when they lack chances for promotion. Upgradation is usually a policy tool used to alleviate the hardship of lengthy-term stagnation. Read more

Generally speaking, higher courts usually do not have direct oversight over the decrease courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments of the decreased courts.

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

Because of this, merely citing the case is more very likely to annoy a judge than help the party’s case. Think about it as calling an individual to tell them you’ve found their shed phone, then telling them you live in these kinds of-and-this sort of neighborhood, without actually supplying them an address. Driving throughout the neighborhood endeavoring to find their phone is likely to be more frustrating than it’s truly worth.

161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is usually a well-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 more info conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach 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 in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter on the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings on the evidence.

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

182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits could possibly be withheld on account of your allegations leveled against the petitioner, within our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension may be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension might be withheld or reduced. If a civil servant is convicted of a significant crime, their pension may be withheld or reduced. In some cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set through the government.

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156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion is definitely the vested right of the civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular length of service for turning into entitled to be viewed as for promotion to your higher quality, of course, just isn't without logic because the officer who is initially inducted to the particular post needs to provide within the said post to gain experience to hold the next higher post also to serve the public inside a befitting way.

The uncovered Tribunal shall decide the case on merits, without being influenced from the findings from the Impugned order, after recording of evidence of the respective parties. Read more