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 lots of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Read more
14. During the light in the position explained higher than, it really is concluded that a civil servant features 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 could not be viewed as for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the duration of service or within 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
We make no warranties or guarantees about the accuracy, completeness, or adequacy on the information contained on this site, or perhaps the information linked to within the state site. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before depending on it for legal research purposes.
This Court might interfere where the authority held the proceedings against the delinquent officer in the fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. When the conclusion or finding is like no reasonable person would have ever reached, the Court may interfere with the conclusion or the finding and mold the relief to make it suitable for the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. Around the aforesaid proposition, we're fortified through the decision in the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 on the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
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Because of this, only citing the case is more prone to annoy a judge than help the party’s case. Consider it as calling another person to inform them you’ve found their missing phone, then telling them you live in this kind of-and-these types of neighborhood, without actually offering them an address. Driving around the community seeking to find their phone is probably going to be more frustrating than it’s well worth.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually very well-settled that even though taking into consideration the case of standard promotion of civil servants, the competent authority has got to think about the advantage here of the many qualified candidates and after due deliberations, to grant promotion to this kind of suitable candidates who're found for being most meritorious amongst them. Considering that the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was ignored via the respondent department just to increase favor to the blue-eyed candidate based on OPS, which is apathy over the part from the respondent department.
Article 199 of the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It really is perfectly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. 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 on the law laid down with the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department of your petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and spend the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority in the respondent can also 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
If granted absolute immunity, the parties would not only be protected from liability from the matter, but could not be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request to the appellate court.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and also the case under appeal, Potentially overruling the previous case law by setting a different precedent of higher authority. This may possibly take place several times because the case works its way through successive appeals. Lord Denning, first from the High Court of Justice, later from the Court of Appeal, provided a famous example of this evolutionary process in his enhancement with the concept of estoppel starting in the High Trees case.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are proven by executive companies based on statutes.