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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nine . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The legislation enjoins the police to become scrupulously fair on the offender plus the Magistracy is to be sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations 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 However 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 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 just a crime, his constitutional and fundamental rights must not be violated.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when The essential norm underlying a Constitution disappears in addition to a new system is put in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. five/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 learned counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues on the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(one) with the Illegal Dispossession Act 2005 at hand over possession in the subjected premises on the petitioner; that Illegal Dispossession Case needs for being decided through 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 has got to see this facet for interim custody of the topic premises Should 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.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release like a legally identified conviction. Read more
Therefore, this petition is found being not maintainable which is dismissed along with the pending application(s), and also the petitioners may possibly search for remedies through the civil court process as discussed supra. Read more
Given that the Supreme Court is the final arbitrator of all cases where the decision is achieved, therefore the decision on the Supreme Court needs being taken care of as directed in terms of Article 187(2) from the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring about exoneration from departmental charges based to the same factual grounds. While a writ under Article 199 is obtainable in specific limited situations, it is actually generally not the right remedy to contest a dismissal from service based on these charges, particularly when more info the employee was afforded a full opportunity to cross-look at witnesses and present his/her defense but did not persuade the department of his/her innocence.
Several 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 inserting the Petitioner's name over the ECL based on the criminal case are inconsistent with founded legal principles. Therefore, this petition must be allowed Read more
Summaries offer concise insights into the legal principles governing agreements between parties, such as the formation, interpretation, and enforceability of contracts, supplying a precious resource for understanding contractual rights and obligations.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 from the police will be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, guarantee legislation and order to protect citizens' lives and property. The law enjoins the police being scrupulously fair to your offender as well as the Magistracy is to make 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 regulation and order situation have been the subject of adverse comments from this Court in addition to from other Courts, Nonetheless they have failed to have any corrective effect on it.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance in the respondents that pensionary benefits might be withheld on account of the allegations leveled against the petitioner, inside our view, section twenty with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does deliver for certain circumstances under which a civil servant's pension might be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a serious crime, their pension might be withheld or reduced. In certain cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set through the government.
Summaries of cases that shape the lives of young individuals, ensuring a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and lovers alike.
Previous 4 tax years interpreted. It isn't from the date of finalisation of audit but from the tax year involved. Read more
The Court holds the authority to review any criminal or civil cases, except for most civil cases in which the amount in controversy does not exceed $two hundred. In addition, it regulates the legal profession in Washington, and it has issued a Code of Judicial Conduct to guide the actions of state judges.