case law on doctrine of ultra vires No Further a Mystery

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Case regulation is specific for the jurisdiction in which it was rendered. As an example, a ruling in the California appellate court would not typically be used in deciding a case in Oklahoma.

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 46 SHC Citation: SHC-252218 Tag:I have heard the uncovered counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section 7(1) from the Illegal Dispossession Act 2005 handy over possession from the subjected premises towards the petitioner; that Illegal Dispossession Case needs for being decided with the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this facet for interim custody of the topic 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.

The a lot of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it is actually made very clear that police is free to consider action against any person who's indulged in criminal activities issue to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-industry duties during the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp

This is because transfer orders are typically thought of within the administrative discretion from the employer. However, there can be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the right forum. Read more

Generally speaking, higher courts do not have direct oversight over the lessen courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments from the reduce courts.

All executive and judicial authorities throughout Pakistan are obligated to act in aid with the Supreme Court, making sure the enforcement of its judgments. Because the Supreme Court is the final arbitrator of all cases where the decision continues to be attained, the decision of the Supreme Court needs being taken care of as directed in terms of Article 187(2) with the Constitution. Read more

If you find an error during the written content of a published opinion (like a misspelled name or simply a grammatical error), please notify the Reporter of Decisions. TVW

161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a well-established proposition of law 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 here are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue towards the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.

Summaries offer an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and insurance policies geared toward safeguarding natural resources, mitigating environmental degradation, and combating climate change.

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

If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in almost any way for their actions. When the court delayed making this type of ruling, the defendants took their request to the appellate court.

Usually, only an appeal accepted by the court of past vacation resort will resolve such differences and, For lots of reasons, these appeals are sometimes not granted.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, Additionally it is a well-proven proposition of regulation 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is matter for the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings to the evidence.

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