case legislation Case legislation is legislation that is based on judicial decisions fairly than legislation based on constitutions , statutes , or regulations . Case legislation concerns distinctive disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case legislation, also used interchangeably with common law , refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or subject matter.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be 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 heard the figured out counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(one) on the Illegal Dispossession Act 2005 handy over possession on the subjected premises for the petitioner; that Illegal Dispossession Case needs to become decided through the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer from the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this part for interim custody of the subject premises if the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
If your employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not experienced a chance to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only finished In case the employee can show that they'd a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to lead evidence and the petitioner company responded on the allegations as such they were well aware of the allegations and led the evidence as a result this point is ofno use to become seemed into in constitutional jurisdiction at this stage. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from 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 within the FIR lodged by FIA website and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
As the Supreme Court is the final arbitrator of all cases where the decision has long been attained, therefore the decision of the Supreme Court needs to be taken care of as directed in terms of Article 187(two) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in aid of your Supreme Court, guaranteeing the enforcement of its judgments. As being the Supreme Court would be the final arbitrator of all cases where the decision has become attained, the decision in the Supreme Court needs to become taken care of as directed in terms of Article 187(two) with the Constitution. Read more
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is anticipated that the persons acquiring their character above board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents can be a condition precedent for appointment to the 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 is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to try and do away with the candidature in the petitioner. Read more
Case law, also used interchangeably with common law, is a law that is based on precedents, that will be the judicial decisions from previous cases, instead than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, aiding you in understanding the intricacies of land and property regulation.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The law enjoins the police to be scrupulously fair towards the offender as well as Magistracy is to ensure 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 legislation and order situation have been the topic of adverse comments from this Court and also from other courts Nevertheless they have failed to 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 about the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.
Statutory laws are All those created by legislative bodies, which include Congress at both the federal and state levels. Whilst this sort of legislation strives to condition our society, supplying rules and guidelines, it would be unattainable for almost any legislative body to anticipate all situations and legal issues.
Because of their position between The 2 main systems of legislation, these types of legal systems are sometimes referred to as blended systems of law.
Rulings by courts of “lateral jurisdiction” usually are not binding, but might be used as persuasive authority, which is to provide substance for the party’s argument, or to guide the present court.