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PCO Judges Case
The Provisional Constitutional Order Judges case (shortened to PCO Judges case), refers to cases heard and decided by the Pakistan Supreme Court pertaining to the High Court and Supreme Court judges who took their oath of offices under the Provisional Constitutional Order in 2007. On 3 November 2007, then-President Pervez Musharraf declared a Provisional Constitutional Order, which declared a state of emergency and suspends the Constitution of Pakistan. Under this emergency law, all High court judges, including the Supreme Court justices, were asked to take oath under this Provisional Constitutional Order. Those who didn't were placed under effective house arrest. A seven-member bench issued a restraining order on the same day, barring the government from implementing emergency rule and urging other government officials to not help do so. The Provisional Constitutional Order Judges case has been examining the constitutionality and legality of the steps taken by Musharraf in decl ...
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Supreme Court Of Pakistan
The Supreme Court of Pakistan ( ur, ; ''Adālat-e-Uzma Pākistān'') is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan. Established in accordance to thePart VIIof the Constitution of Pakistan, it has ultimate and extensive appellate, original, and advisory jurisdictions on all courts (including the high courts, district, special and Shariat court), involving issues of laws and may act on the verdicts rendered on the cases in context in which it enjoys jurisdiction. In the court system of Pakistan, the Supreme Court is the final arbiter of legal and constitutional disputes as well as final interpreter of constitutional law, and the highest court of appeal in Pakistan. In its modern composition, the Supreme Court is incorporated of Chief Justice of Pakistan, sixteen justices and two ''ad hoc'' who are confirmed to their appointment by the President upon their nominations from the Prime Minister's selection based on their merited qualifications ...
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House Arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if allowed at all. House arrest is an alternative to being in a prison while awaiting trial or after sentencing. While house arrest can be applied to criminal cases when prison does not seem an appropriate measure, the term is often applied to the use of house confinement as a measure of repression by authoritarian governments against political dissidents. In these cases, the person under house arrest often does not have access to any means of communication with people outside of the home; if electronic communication is allowed, conversations may be monitored. History Judges have imposed sentences of home confinement, as an alternative to prison, as far back as the 17th century. Galileo was confined to his home following his infamous trial ...
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Islamabad High Court
The Islamabad High Court is the senior court of the Islamabad Capital Territory, Pakistan, with appellate jurisdiction over the following district courts: * Islamabad District Court (East) * Islamabad District Court (West) Justice Aamer Farooq is the current Chief Justice, having taken oath on 11 November 2022. History The Court was originally established on 14 August 2007 by Presidential Order of Pervez Musharraf, the military ruler at the time. The Court ceased to exist on 31 July 2009 by a decision of the Supreme Court of Pakistan following Constitution Petition No. 09 and 08 of 2009. The Court was re-established by the Islamabad High Court Act, 2010 following the 18th Amendment to the Constitution of Pakistan. President Asif Ali Zardari administered the oath to the first Chief Justice, Iqbal Hameed ur Rahman on 3 January 2011 at the Governor's House, Karachi. Current composition The Islamabad High Court is headed by a Chief Justice. The bench consists of six Jus ...
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Peshawar High Court
The Peshawar High Court ( ur, ) is the highest judicial institution of Khyber-Pakhtunkhwa. It is located in the provincial capital Peshawar. The Parliament passed a bill extending the jurisdiction of the Supreme Court (SC) and the Peshawar High Court (PHC) to Federally Administered Tribal Areas (FATA), one of a handful of reforms paving the way for a merger of the tribal areas with Khyber Pakhtunkhwa. History During the last days of the 19th century, the viceroy of India Lord Curzon (1899–1905), proposed the creation of Khyber-Pakhtunkhwa province (then NWFP) which was approved by the Secretary of State for India, Lord George F. Hamilton, on 20 December 1900.History
The province was formally founded on 9 November 1901, (the King's birthday) had to get one Judicial Commissioner. The Khyber-Pakhtunkhwa Law and Justice Regulat ...
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Sindh High Court
The High Court of Sindh ( ur, ) is the highest judicial institution of the Pakistani province of Sindh. Established in 1906, the Court situated in the provincial capital at Karachi. Apart from being the highest Court of Appeal for Sindh in civil and criminal matters, the Court was the District Court and the Court of Session in Karachi. History On 21 August 1926, the Sindh Courts Act (Bom. VII of 1926) was passed into law-making provision for the establishment of a Chief Court for the Province of Sindh. On the coming into operation of Part III of the Government of India Act, 1935, on 1 April 1937, Sindh became a separate Province and the Judges of the Court of Judicial Commissioner of Sindh were appointed by Royal Warrant by the British Government. At the time of establishment of the High Court of West Pakistan the number of the Judges of the Karachi Bench was almost the same but subsequently it was increased to 15 and on separation of Sindh & Balochistan High Court's 12 ...
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Asif Ali Zardari
Asif Ali Zardari ( ur, ; sd, ; born 26 July 1955) is a Pakistani politician who is the president of Pakistan Peoples Party Parliamentarians and was the co-chairperson of Pakistan People's Party. He served as the 11th president of Pakistan from 2008 to 2013, the first president born after Independence Day (Pakistan), Independence. He is the widower of twice-elected Benazir Bhutto, former Prime Minister of Pakistan Benazir Bhutto. He has been a member of the National Assembly of Pakistan since August 2018. The son of Hakim Ali Zardari, a landowner from Sindh, Zardari rose to prominence after his marriage to Benazir Bhutto in 1987, who became the Prime Minister of Pakistan after 1988 Pakistani general election, her election in 1988. When Bhutto's government was dismissed by President Ghulam Ishaq Khan in 1990, Zardari was widely criticized for Corruption charges against Benazir Bhutto and Asif Ali Zardari, involvement in corruption scandals that led to its collapse. When Bhut ...
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Supreme Judicial Council Of Pakistan
The Supreme Judicial Council of Pakistan (Urdu: ) is a body of judges empowered undeof the constitution of Pakistan to hear cases of misconduct against judges. Constitutional composition The composition of the Council is set out in the constitution as: * The Chief Justice * The two next most senior judges of the Supreme Court of Pakistan * The two most senior Chief Justices of the provincial High Courts Where the council is investigating a member of the council he is replaced by the next most senior judge. Current composition Powers No judge of any of the five High Courts or of the Supreme Court of Pakistan may be dismissed except by the President on the report of the Supreme Judicial Council. The Council may start proceedings against a judge either by its own initiative or by reference from the President of Pakistan The president of Pakistan ( ur, , translit=s̤adr-i Pākiṣṭān), officially the President of the Islamic Republic of Pakistan, is the ceremonial head o ...
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Void (law)
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means "to be treated as invalid from the outset", comes from adding the Latin phrase ''ab initio'' (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ''ab initio''. The frequent combination "null and void" is a legal doublet. The term is frequently used in contradistinction to the term "voidable" and "unenforceable". Definitions '' Black's Law Dictionary'' defines 'void' as: In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable value. ...
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Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in ...
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Legality
Legality, in respect of an act, agreement, or contract is the state of being consistent with the law or of being lawful or unlawful in a given jurisdiction, and the construct of power. According to the Merriam-Webster Dictionary, legality is 1 : attachment to or observance of law. 2 : the quality or state of being legal Businessdictionary.com, thelawdictionary.org, and mylawdictionary.org definition explains concept of ''attachment to law'' as ''Implied warranty that an act, agreement, or contract strictly adheres to the statutes of a particular jurisdiction. For example, in insurance contracts it is assumed that all risks covered under the policy are legal ventures.'' The second definition cited by Businessdictionary.com, the ''Legal principle that an accused may not be prosecuted for an act that is not declared a crime in that jurisdiction'' is actually about the Principle of legality which is part of the overall concept of legality. Definitions Vicki Schultz states that we ...
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