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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when the basic norm underlying a Constitution disappears along with a new system is place in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is a free and democratic country, and once a person becomes a major she or he can marry whosoever he/she likes; In case the parents with the boy or Lady tend not to approve of these kinds of inter-caste or interreligious marriage the most they might do if they are able to Lower off social relations with the son or perhaps the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that's major undergoes inter-caste or inter-religious marriage with a woman or guy who's a major, the pair is neither harassed by anybody nor subjected to threats or acts of violence and anybody who provides these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to undertaking by instituting criminal proceedings because of the police against such persons and further stern action is taken against this kind of person(s) as provided by legislation.
The an abundance 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. However it is made distinct that police is free to get action against any person who's indulged in criminal activities topic to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for more info their punishment must be initiated, and so they shall be assigned non-industry duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
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one 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 instant Petition under Article 199 of the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
The Roes accompanied the boy to his therapy sessions. When they were advised on the boy’s past, they questioned if their children were Harmless with him in their home. The therapist assured them that that they had nothing to worry about.
Various judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name on the ECL based about the criminal case are inconsistent with established legal principles. As a result, this petition must be allowed Read more
The DCFS social worker in charge on the boy’s case had the boy made a ward of DCFS, As well as in her six-month report into 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 homelike setting.” The court approved her plan.
Article 199 with the Constitution allows High Court intervention only when "no other ample remedy is provided by law." It can be nicely-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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 around the police, plus they must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect instead of abduct. Read more
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Typically, only an appeal accepted with the court of previous resort will resolve such differences and, For most reasons, these appeals tend to be not granted.
Free database for searching federal court dockets and documents pulled from PACER. Coverage will not be detailed, but this is a superb starting point. See Background section at bottom of RECAP website for more information.