[three] For example, in England, the High Court as well as Court of Appeals are Each and every bound by their possess previous decisions, however, Considering that the Practice Statement 1966 the Supreme Court from the United Kingdom can deviate from its earlier decisions, Despite the fact that in practice it not often does. A notable example of when the court has overturned its precedent may be the case of R v Jogee, where the Supreme Court from the United Kingdom ruled that it along with the other courts of England and Wales had misapplied the law for just about 30 years.

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 in addition to a new system is put 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 being scrupulously fair to your offender plus the Magistracy is to make 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 regulation and order situation have been the subject of adverse comments from this Court as well as from other courts However 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 an abundance of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it is made very clear that police is free to just take action against any person that is indulged in criminal activities subject matter to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-industry duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp

thirteen. The Supreme Court has held that the moment the act of misconduct is founded as well as employee is found guilty after because of process of regulation, it is the prerogative from the employer to decide the quantum of punishment, away from the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness of the act of misconduct is just not sufficient although the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful manner. Read more

a hundred forty five . 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 of your Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.

All executive and judicial authorities throughout Pakistan are obligated to act in assist with the Supreme Court, guaranteeing the enforcement of its judgments. Since the Supreme Court may be the final arbitrator of all cases where the decision has become achieved, the decision in the Supreme Court needs to get taken care of as directed in terms of Article 187(2) in the Constitution. Read more

The court system is then tasked with interpreting the law when it is unclear the way it applies to any provided situation, usually rendering judgments based on the intent of lawmakers and the circumstances of the case at hand. These types of decisions become a guide for long run similar cases.

10. Without touching the merits with the case in the issue of annual increases while in the pensionary emoluments of your petitioner, in terms of policy decision in the provincial government, such annual increase, if permissible while in the case of employees of KMC, necessitates further assessment for being made by the court of plenary jurisdiction. KMC's reluctance on account of funding issues and not enough 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

This Court may well interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached from the disciplinary authority is based on no evidence. In case the conclusion or finding is like no reasonable person would have ever reached, the Court may well interfere with the conclusion or maybe the finding and mold the relief to make it correct to the facts of each 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-respect the evidence or perhaps the nature of punishment. On the aforesaid proposition, we're fortified with the decision of here the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is very well-settled that the civil servants must first go after internal appeals within ninety days. When the appeal isn't decided within that timeframe, he/she can then strategy the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the 90 days for your department to act has already expired. Around the aforesaid proposition, we are guided from the decision of the Supreme Court from the case of Dr.

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

17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have listened to the discovered counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of your matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(one) of your Illegal Dispossession Act 2005 at hand over possession in the subjected premises to the petitioner; that Illegal Dispossession Case needs to generally be decided with the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court needs to see this part for interim custody of the topic premises When the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more

Rulings by courts of “lateral jurisdiction” will not be binding, but may very well be used as persuasive authority, which is to present substance into the party’s argument, or to guide the present court.