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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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives with the police will be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, guarantee law and order to protect citizens' lives and property. The legislation enjoins the police to become scrupulously fair into the offender along with the Magistracy is to make certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court and from other Courts, However they have did not have any corrective effect on it.
The main objectives of police is usually to apprehend offenders, investigate crimes, and prosecute them before the cours also to prevent to commission of crime, and higher than all make sure regulation and order to protect citizen???s life and property. Read more
14. From the light of your position explained above, it can be concluded that a civil servant has a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the size of service or during the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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This is because transfer orders are typically deemed within the administrative discretion with the employer. However, there might be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the right forum. Read more
In order to preserve a uniform enforcement from the laws, the legal system adheres on the doctrine of stare decisis
Within the United States, persons are not needed to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their very own can remember a person rule of thumb when it concerns referring to case legislation or precedent in court documents: be as specific as feasible, leading the court, not only on the case, but towards the section and paragraph containing the pertinent information.
We have been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and also to protect the rights and liberties guaranteed from the Constitution and laws of the United States and this State.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, Additionally it is a perfectly-established proposition of legislation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject matter into the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings about the evidence.
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to adhere to.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the law laid down with the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority of the parent department with the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and shell out the pension amount and other ancillary click here benefits to your petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority with the respondent is also directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
The appellate court determined that the trial court had not erred in its decision to allow more time for information for being gathered from 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 read the realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(1) from the Illegal Dispossession Act 2005 at hand over possession on the subjected premises towards the petitioner; that Illegal Dispossession Case needs for being decided by the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this aspect for interim custody of the topic premises Should 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. Read more
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are set up by executive businesses based on statutes.