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 of the police is always to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, make certain regulation and order to protect citizens' lives and property. The regulation enjoins the police for being scrupulously fair to the offender as well as Magistracy is to guarantee 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 together with from other Courts, but they have failed to have any corrective effect on it.

It is also important to note that granting of seniority to the civil servant without the actual duration of service almost violates the entire service construction as being a civil servant inducted in Grade seventeen by claiming this sort of benefit without any experience be directly posted in almost any higher quality, which is neither the intention on the law nor on the equity. Read more

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have read the learned counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues from the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section 7(one) with the Illegal Dispossession Act 2005 handy over possession of the subjected premises on the petitioner; that Illegal Dispossession Case needs to get decided by the competent court after hearing the parties if pending as 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 subject premises In case 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.

Sign up for E-mail Notification of recent opinions The cases listed underneath have had opinions filed for them within the last 14 times. The following information is available for Every case: Information Sheet - Click a case number to view case details, which includes signing JusticesJudges and participating attorneys.

This Court may interfere where the authority held the proceedings against the delinquent officer within a method inconsistent with the rules of natural click here justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved because of the disciplinary authority is based on no evidence. If the conclusion or finding is for instance no reasonable person would have ever achieved, the Court may possibly interfere with the conclusion or even the finding and mould the relief to really make it acceptable on the facts of each and every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. About the aforesaid proposition, we're fortified from the decision with the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

For your foregoing reasons the moment suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more

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Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is expected that the persons possessing their character previously mentioned board, free from any moral stigma, are being inducted. Verification of character and antecedents is a condition precedent for appointment to some Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do away with the candidature of the petitioner. Read more

Case law, also used interchangeably with common law, is actually a legislation that is based on precedents, that could be the judicial decisions from previous cases, alternatively than regulation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.

Article 27 with the Constitution does not only safeguard against discrimination for the time of appointment of service but after the appointment too. The disparity inside the pay back scale allowances of Stenographers inside the District Judiciary is during the distinct negation of your law laid down through the Supreme Court in its different pronouncements. Read more

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 of the legislation laid down from the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority on the parent department of your petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and shell out the pension amount and other ancillary benefits on the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority with the respondent can be directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

These lists are sorted chronologically by Chief Justice and include all notable cases decided by the court. Articles exist for almost all cases.

If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent as well as case under appeal, Maybe overruling the previous case legislation by setting a whole new precedent of higher authority. This may perhaps happen several times given that the case works its way through successive appeals. Lord Denning, first of the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his enhancement on the concept of estoppel starting during the High Trees case.

The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its unique purpose and called for educational programs Bachelor diploma(s) in the subject of cooperative societies. Read more