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 would be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, make certain regulation and order to protect citizens' lives and property. The law enjoins the police to generally be scrupulously fair to your offender and the 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 law and order situation have been the subject of adverse comments from this Court along with from other Courts, Nonetheless they have did not 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. The loads of this power casts an obligation around 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. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is usually a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes; When the parents of your boy or girl will not approve of these types of inter-caste or interreligious marriage the maximum they could do if they are able to Reduce off social relations with the son or even the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types 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 is a major, the pair is neither harassed by any one nor subjected to threats or acts of violence and anybody who presents these types of threats or harasses or commits acts of violence both himself or at his instigation, is taken to job by instituting criminal proceedings from the police against this sort of persons and further stern action is taken against this sort of person(s) as provided by regulation.
Should the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't experienced a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC may perhaps allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only finished If your employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence and also the petitioner company responded to the allegations as such they were nicely conscious of the allegations and led the evidence as a result this point is ofno use to be looked into in constitutional jurisdiction at this stage. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 from the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
However it is actually made obvious that police is free to consider action against any person that is indulged in criminal activities topic to regulation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of regulation. Police shall also make sure regard of your family shed in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they're able to act, as far as raiding the house is concerned the police shall protected concrete evidence and acquire necessary permission from the concerned high police official/Magistrate being a issue of security of the house is concerned, which isn't public place under the Act 1977. nine. Thinking about the aforementioned details, the objective of filing this petition has become realized. For that reason, this petition is hereby disposed of during the terms stated over. Read more
When the state court hearing the case reviews the regulation, he finds that, while it mentions large multi-tenant properties in certain context, it is actually pretty vague about whether the ninety-working day provision applies to all landlords. The judge, based over the specific circumstances of Stacy’s case, decides that all landlords are held into the ninety-day notice need, and rules in Stacy’s favor.
The legislation as founded in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
Case law, also used interchangeably with common regulation, is usually a regulation that is based on precedents, that is the judicial decisions from previous cases, instead than law 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.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives of your police would be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, assure law and order to protect citizens' lives and property. The regulation enjoins the police being scrupulously fair to the offender plus the Magistracy is to be sure 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 law and order situation have been the topic of adverse comments from this Court along with from other Courts, but they have failed to have any corrective effect on it.
This page contains slip opinions. Slip opinions tend to be the opinions that are filed within the day that the appellate court issues its decision and in many cases are not the court's final opinion.
Summaries of cases that form the lives of youthful individuals, making certain a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and lovers alike.
seventeen . 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 2025 SHC KHI 46 I have listened to the uncovered counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues from the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of more info Section 7(one) of your Illegal Dispossession Act 2005 handy over possession of the subjected premises towards the petitioner; that Illegal Dispossession Case needs being decided because of the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this factor 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. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 on the main case, It is usually 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 succeed in 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 inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings around the evidence.