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 legislation enjoins the police to become scrupulously fair into the offender and the Magistracy is to guarantee 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 as well as from other courts However they have failed to 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 on the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated.
It is also important to note that granting of seniority to some civil servant without the actual size of service almost violates your complete service structure as being a civil servant inducted in Grade seventeen by claiming these types of benefit without any experience be directly posted in almost any higher quality, which is neither the intention from the regulation nor of your equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 listened to 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 in the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(one) of the Illegal Dispossession Act 2005 to hand over possession on the subjected premises into the petitioner; that Illegal Dispossession Case needs to become decided with the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has got to see this aspect for interim custody of the subject premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
Sign up for E-mail Notification of new opinions The cases listed below have had opinions filed for them within the last 14 days. The following information is readily available for Each and every case: Information Sheet - Click a case number to view case details, which include signing JusticesJudges and participating attorneys.
thirteen. The Supreme Court has held that as soon as the act of misconduct is established plus the employee is found guilty after thanks process of legislation, it is the prerogative with the employer to decide the quantum of punishment, outside of the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness on the act of misconduct is not suitable but the order must show that the competent authority has click here applied its mind and exercised the discretion in a very structured and lawful way. Read more
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 moment Petition under Article 199 of your Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
When the state court hearing the case reviews the regulation, he finds that, while it mentions large multi-tenant properties in a few context, it is actually actually fairly imprecise about whether the ninety-day provision applies to all landlords. The judge, based about the specific circumstances of Stacy’s case, decides that all landlords are held towards the 90-working day notice need, and rules in Stacy’s favor.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it really is convenient for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to get rid of a case on merit and more importantly when after recording of evidence it's got achieved to some stage of final arguments, endeavors should be made for advantage disposal when it has arrived at such stage. Read more
In a few jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
Article 199 of your Constitution allows High Court intervention only when "no other ample remedy is provided by legislation." It's well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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Criminal cases While in the common law tradition, courts decide the law applicable to the case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. As opposed to most civil regulation systems, common legislation systems Keep to the doctrine of stare decisis, by which most courts are bound by their very own previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions steady with the previous decisions of higher courts.