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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when the basic norm underlying a Constitution disappears as well as a new system is place in its place.
14. Within the light in the position explained earlier mentioned, it is actually concluded that a civil servant contains a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the size of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Typically, the burden rests with litigants to appeal rulings (together with Those people in apparent violation of established case regulation) into the higher courts. If a judge acts against precedent, plus the case is not really appealed, the decision will stand.
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 facing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They can be directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above terms. Read more
Given that the Supreme Court could be the final arbitrator of all cases where the decision has actually been achieved, therefore the decision from the Supreme Court needs being taken care of as directed in terms of Article 187(2) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Apart from the rules of procedure for precedent, the weight provided to any reported judgment may perhaps depend on the reputation of both the reporter and also the judges.[7]
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163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be properly-settled that while looking at the case of standard promotion of civil servants, the competent authority has to more info think about the advantage of each of the eligible candidates and after due deliberations, to grant promotion to these eligible candidates who are found to get most meritorious among them. Since the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded from the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy on the part of your respondent department.
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The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation on the police, plus they must bear in mind, as held by this Court from time to time in its many pronouncemnts, that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect and never abduct. Read more
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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 Additionally it is important to note that neither seniority nor promotion would be the vested right of a civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular duration of service for getting to be entitled to generally be thought of for promotion to the higher quality, of course, will not be without logic as being the officer that is to begin with inducted into a particular post needs to serve around the reported post to gain experience to hold the next higher post and to provide the public inside of a befitting fashion.
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor degree(s) in the topic of cooperative societies. Read more