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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It is also important to note that granting of seniority to your civil servant without the actual length of service pretty much violates your entire service construction for a civil servant inducted in Quality 17 by claiming these benefit without any experience be directly posted in any higher quality, which is neither the intention in the regulation nor in the equity. Read more
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 read the discovered counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section 7(one) in the Illegal Dispossession Act 2005 handy over possession on the subjected premises towards the petitioner; that Illegal Dispossession Case needs to generally be decided with the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court needs to see this part for interim custody of the subject 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 plenty 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. However it is made apparent that police is free to choose action against any person that's indulged in criminal activities subject matter to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-industry duties while in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion includes a shift to some higher position with increased responsibilities and rank. Upgradation, to the other hand, provides financial relief by inserting an employee inside of a higher spend scale, without transforming their occupation duties or position. It's a system designed to address the stagnation of employees who have remained inside the same pay back scale for an extended time, particularly when they deficiency opportunities for promotion. Upgradation can be a policy tool used to ease the hardship of lengthy-term stagnation. Read more
The proposal appears to be reasonable and acceded to. From the meantime police shall remain neutral within the private dispute between the parties, however, if any with the individuals is indulged in criminal action the police shall acquire prompt action against them under law. 5. The moment petition is disposed of in the above terms. Read more
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year outdated boy from his home to protect him from the Awful physical and sexual abuse he had experienced in his home, and also to prevent him from abusing other children in the home. The boy was placed within an crisis foster home, and was later shifted all around within the foster care system.
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is actually a free and democratic country, and once a person becomes a major he / she can marry whosoever he/she likes; If your parents in the boy or girl will not approve of these kinds of inter-caste or interreligious marriage the maximum they will do if they're able to cut off social relations with the son or perhaps the daughter, However 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 Woman who is major undergoes inter-caste or inter-religious marriage with a woman or male who is a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anybody who presents these kinds of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task 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 legislation.
Case law, also used interchangeably with common law, is really a law that is based on precedents, that will be the judicial decisions from previous cases, relatively than legislation based on constitutions, statutes, or regulations. Case legislation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a 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 reached from the disciplinary authority is based on no evidence. If your summary or finding is for instance no reasonable person would have ever achieved, the Court may perhaps interfere with the summary or maybe the finding and mildew the relief to really make it proper to your facts of every case. In service jurisprudence, the disciplinary authority is 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. About the aforesaid proposition, we are fortified by the decision of the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation on the police, they usually must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect and not abduct. Read more
The appellate court determined that the trial court had not erred in its decision to allow more time for information to get gathered because of the parties – specifically regarding the issue of absolute immunity.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent as well as case under appeal, Possibly overruling the previous case regulation by setting a different precedent of higher authority. This could more info come about several times as being the case works its way through successive appeals. Lord Denning, first of the High Court of Justice, later on the Court of Appeal, provided a famous example of this evolutionary process in his improvement of your concept of estoppel starting while in the High Trees case.
refers to regulation that will come from decisions made by judges in previous cases. Case regulation, also known as “common regulation,” and “case precedent,” gives a common contextual background for certain legal concepts, And the way They can be applied in certain types of case.