Court Duty of

Law applicable on admitted or proved facts-Has to be given effect to, by Court, whether or not relied upon by a party.

Court Duty of Court, duty of-Act or omission violative of statutory provision-Nullity-Court not only entitled but bound to ignore it.

Whether litigant draws attention of Court to it or not, Court duty bound to apply correct law.

Constitution-Annulment and abrogation of Constitution by a successful Military revolution-Principle laid down in Dosso's case [P L D 1958 S C (Pak.) 533] that "where a Constitution and the national legal order under it is disrupted by an abrupt political change not within the contemplation of the Constitution, then such a change is a revolution and its legal effect is not only the destruction of the Constitution but also the validity of the national legal order, irrespective of how or by whom such a change is brought about"-Held, wholly unsustainable and cannot be treated as good law either on the principle of stare decisis or otherwise-Martial Law-Nature and scope of Proclamation of Martial Law does not by itself involve abrogation of civil law and functioning of civil authorities and certainly does not vest the Commander of the Armed Forces with the power of abrogating the fundamental law of the country-Commander of Armed Forces ; bound by his oath to defend the Constitution-Doctrine of "legal positivism" propounded by Hans Kelaen

Examined-[State v. Dosso P L D 1958 S C (Pak.) 533 overruled].

Court, duty of-Function of Court is to declare law and not to make it.