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 from the police is usually to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, ensure legislation and order to protect citizens' lives and property. The legislation enjoins the police being scrupulously fair on the offender and also 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 regulation and order situation have been the topic of adverse comments from this Court along with from other Courts, Nonetheless they have failed to have any corrective effect on it.
Additionally it is important to note that granting of seniority to some civil servant without the actual duration of service virtually violates your entire service structure as being a civil servant inducted in Grade seventeen by claiming this kind of benefit without any experience be directly posted in almost any higher quality, which is neither the intention of the legislation nor of your equity. Read more
14. While in the light of your position explained previously mentioned, it truly is concluded that a civil servant provides a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
In the event the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to answer the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only performed In the event the employee can show that that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to lead evidence and the petitioner company responded towards the allegations therefore they were very well conscious of the allegations and led the evidence as such this point is ofno use to become seemed into in constitutional jurisdiction at this stage. Read more
This is because transfer orders are typically considered within the administrative discretion in the employer. However, there might be exceptions in cases where the transfer is inspired by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the appropriate forum. Read more
In order to preserve a uniform enforcement of your laws, the legal system adheres for the doctrine of stare decisis
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice with the Peace u/s 22-A is not really obliged to afford a chance of hearing for the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is necessary to contemplate all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more
Numerous judgments have affirmed that the mere registration of a crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name around the ECL based about the criminal case are inconsistent with founded legal principles. As a result, this petition must be allowed Read more
The justices must be balanced between the political parties, these that neither party has an advantage of more than one particular seat. To qualify to serve around the Supreme Court, a candidate must have been admitted to practice law in New Jersey for at least 10 years. This will be the same requirement as for Superior Court judges.
Binding Precedent – A rule or principle established by a court, which other courts are obligated to adhere to.
Under Article 199, the court possesses the authority to review government policies for reasonableness if applicable in respondent university and also to safeguard aggrieved parties' rights. As a result, this petition is admissible based on founded court precedents, along with the respondents' objections are overruled. Read more
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156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion is definitely the vested right of the civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual size of service on account of vested rights. get more info The purpose of prescribing a particular duration of service for starting to be entitled to become considered for promotion to a higher grade, of course, just isn't without logic since the officer that is to begin with inducted to some particular post needs to serve to the explained post to gain experience to hold the next higher post and also to provide the public in the befitting way.
Rulings by courts of “lateral jurisdiction” aren't binding, but may very well be used as persuasive authority, which is to provide substance into the party’s argument, or to guide the present court.