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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The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The loads of this power casts an obligation over 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. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The legislation enjoins the police to become scrupulously fair on the offender as well as the Magistracy is to be 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 from other courts Nevertheless they have didn't 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.
Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It could be used to guide the court, but is not really binding precedent.
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not utilize, as the criminal Court has not convicted the petitioner, rather he continues to be acquitted in the criminal charges based on evidence and it truly is properly-settled regulation that once the civil servant is acquitted from the criminal case, then on this extremely charge he cannot be awarded in any punishment with the department and held him disqualified to the post because acquittal for all long run purposes. The aforesaid proposition has long been set at naught through the Supreme Court of Pakistan from the case of the District Police Officer Mainwali and 2 others v.
To the foregoing reasons the instant suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
Apart from the rules of procedure for precedent, the weight offered to any reported judgment could depend upon the reputation of both the reporter and also the judges.[seven]
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The DCFS social worker in charge from the boy’s case had the boy made a ward of DCFS, and in her six-thirty day period report to your court, the worker elaborated about the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Touching on the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition could be dismissed. This is because service from the grievance notice can be a mandatory need and a precondition for filing a grievance petition. The regulation calls for that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
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 on the legislation laid down through the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, 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 pay out the pension amount and other ancillary benefits on the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority of your respondent is usually directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. 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's perfectly established now that the provision for proforma promotion is not really alien or unfamiliar towards the civil servant service composition but it's already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may possibly if pleased that a civil servant who was entitled to click here become promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service towards the Federation/ province inside the higher post, direct that such civil servant shall be paid the arrears of fork out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The Court holds the authority to review any criminal or civil cases, except for most civil cases in which the amount in controversy does not exceed $two hundred. Additionally, it regulates the legal profession in Washington, and it's got issued a Code of Judicial Conduct to guide the actions of state judges.