case law on doctrine of ultra vires No Further a Mystery
case law on doctrine of ultra vires No Further a Mystery
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9 . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The law enjoins the police to get scrupulously fair to the 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 law and order situation have been the subject of adverse comments from this Court and also from other courts but 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 about the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated.
Case legislation is specific into the jurisdiction in which it was rendered. By way of example, a ruling within a California appellate court would not ordinarily be used in deciding a case in Oklahoma.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have heard the figured out counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues on the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(1) of the Illegal Dispossession Act 2005 at hand over possession of the subjected premises on the petitioner; that Illegal Dispossession Case needs to become decided because of the competent court after hearing the parties if pending since 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 has got to see this facet 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 months from the date of receipt of this order.
If the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't experienced a chance to answer the grievance and attempt to resolve it. In a few cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only accomplished In case the employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to guide evidence as well as petitioner company responded to the allegations as such they were perfectly conscious of the allegations and led the evidence as a result this point is ofno use to be looked into in constitutional jurisdiction at this stage. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not use, given that the criminal Court has not convicted the petitioner, relatively he is acquitted with the criminal charges based on evidence and it's properly-settled regulation that once the civil servant is acquitted within the criminal case, then on this quite charge he cannot be awarded in almost any punishment because of the department and held him disqualified for the post because acquittal for all long term purposes. The aforesaid proposition has become established at naught because of the Supreme Court of Pakistan during the case in the District Police Officer Mainwali and a pair of others v.
Since the Supreme Court may be the final arbitrator of all cases where the decision continues to be reached, therefore the decision from the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Summaries offer a concise insight into the realm of dispute resolution exterior traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts swiftly and successfully.
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is really a free and democratic state, and once a person becomes a major they can marry whosoever he/she likes; If your parents of the boy or Lady do not approve of these kinds of inter-caste or interreligious marriage the utmost they are able to do if they are able to Slice off social relations with the son or even the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that's major undergoes inter-caste or inter-religious marriage with a woman or person that's a major, the couple is neither harassed by anybody nor subjected to threats or acts of violence and anyone who presents this sort of threats or harasses or commits acts of violence both himself or at his instigation, is taken to undertaking by instituting criminal proceedings from the police against these kinds of persons and further stern action is taken against these kinds of person(s) as provided by legislation.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly-settled that when thinking about the case of normal promotion of civil servants, the competent authority needs to think about the merit of the many qualified candidates and after due deliberations, to grant promotion to these kinds of eligible candidates who are found for being most meritorious amongst them. For the reason that petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked from the respondent department just to increase favor for the blue-eyed candidate based on OPS, which is apathy over the part in the respondent department.
Summaries deliver an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and guidelines targeted at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police being scrupulously fair towards the offender plus the Magistracy is to be certain 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 law and order situation have been the topic of adverse comments from this Court and from other courts but they have didn't have any corrective effect on it.
A year later, Frank and Adel have a similar trouble. When they sue their landlord, the court must utilize the previous read more court’s decision in applying the legislation. This example of case law refers to 2 cases listened to from the state court, in the same level.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion is the vested right of the civil servant, therefore, neither any seniority nor any promotion could possibly be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular size of service for turning into entitled to be viewed as for promotion to a higher quality, of course, isn't without logic because the officer who is initially inducted to your particular post needs to serve about the reported post to gain experience to hold the next higher post and to provide the public in a befitting way.
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its initial purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more