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 would be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, make certain legislation and order to protect citizens' lives and property. The regulation enjoins the police for being scrupulously fair into the offender and the Magistracy is to ensure 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 legislation and order situation have been the subject of adverse comments from this Court and also from other Courts, but they have didn't have any corrective effect on it.
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If your DIGP finds evidence of a cognizable offense by both party, he shall direct the relevant SHO to record statements and continue according into the law. This petition stands disposed of in the above mentioned terms. Read more
The ruling with the first court created case law that must be followed by other courts until eventually or Until both new regulation is created, or perhaps a higher court rules differently.
This Court could interfere where the authority held the proceedings against the delinquent officer inside a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved with the disciplinary authority is based on no evidence. Should the summary or finding is such as no reasonable person would have ever reached, the Court could interfere with the conclusion or even the finding and mould the relief to really make it ideal into the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. Over the aforesaid proposition, we've been fortified via the decision from the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
a 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 the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
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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 actually a free and democratic country, and once a person becomes a major they can marry whosoever he/she likes; In the event the parents of the boy or Lady usually do not approve of this kind of inter-caste or interreligious marriage the most they're able to do if they might Minimize off social relations with the son or the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that is major undergoes inter-caste or inter-religious marriage with a woman or guy who's a major, the couple is neither harassed by any one nor subjected to threats or acts of violence and anyone who offers this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to activity by instituting criminal proceedings by the police against these kinds of persons and further stern action is taken against such person(s) as provided by regulation.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively-settled that while taking into consideration the case of regular promotion of civil servants, the competent authority should consider the benefit of all the eligible candidates and after because of deliberations, to grant promotion to such suitable candidates who will be found for being most meritorious amongst them. Since the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded by the respondent department just to increase favor for the blue-eyed candidate based on OPS, which is apathy on the part of the respondent department.
Article 27 with the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment as well. The disparity from the pay out scale allowances of Stenographers while in the District Judiciary is in the distinct negation of your legislation laid down because of the Supreme Court in its various pronouncements. Read more
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171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly proven now that the provision for proforma promotion is just not alien or unfamiliar on the civil servant service framework but it's already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority may well if glad that a civil servant who was entitled for being promoted from a particular date was, for no website fault of his very own, wrongfully prevented from rendering service towards the Federation/ province inside the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
refers to law that arrives from decisions made by judges in previous cases. Case legislation, also known as “common legislation,” and “case precedent,” supplies a common contextual background for certain legal concepts, And the way They can be applied in certain types of case.