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 be scrupulously fair to your offender and also the Magistracy is to make 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 legislation and order situation have been the topic of adverse comments from this Court in addition to from other courts Nevertheless they have didn't 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 to the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated.
The main objectives of police should be to apprehend offenders, investigate crimes, and prosecute them before the cours also to prevent to commission of crime, and earlier mentioned all be certain law and order to protect citizen???s life and property. Read more
When the DIGP finds evidence of the cognizable offense by either party, he shall direct the relevant SHO to record statements and proceed according to your regulation. This petition stands disposed of in the above terms. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary into the determination in the current case are called obiter dicta, which represent persuasive authority but are certainly not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion includes a shift to a higher position with increased responsibilities and rank. Upgradation, to the other hand, provides financial relief by putting an employee within a higher fork out scale, without changing their work duties or position. It is a mechanism designed to address the stagnation of employees who have remained inside the same spend scale for an extended time, particularly when they absence alternatives for promotion. Upgradation is actually a policy Instrument used to reduce the hardship of extensive-term stagnation. Read more
Most of the volumes (like more recent volumes than the library's holdings) will also be offered online through the Caselaw Access Project.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring about exoneration from departmental charges based on the same factual grounds. Although a writ under Article 199 is on the market in specific limited situations, it truly is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-examine witnesses and present his/her defense but did not convince the department of his/her innocence.
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 can be a free and democratic place, and once a person becomes a major she or he can marry whosoever he/she likes; If your parents in the boy or Female will not approve of this sort of inter-caste or interreligious marriage the most they're able to do if they might Lower off social relations with the son or maybe the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or person who is a major, the pair is neither harassed by anybody nor subjected to threats or acts of violence and anybody who presents this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to job by instituting criminal proceedings with the police against such persons and further stern action is taken against this sort of person(s) as provided by regulation.
The DCFS social worker in charge of the boy’s case had the boy made a ward of DCFS, As well as in her six-month report to your court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
Summaries supply an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and guidelines aimed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 SHC Citation: SHC-252210 Tag:The law enjoins the police being scrupulously fair into the offender and the Magistracy is to make 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 subject of adverse comments from this Court together with from other courts However they have didn't 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 lots of this power casts an obligation to 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.
A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must make use of the previous court’s decision in implementing the law. This example of case law refers to two cases listened to while in the state court, within the same level.
Usually, only an appeal accepted through the court of previous resort will resolve such differences and, For a lot of reasons, this sort of appeals are read more sometimes not granted.
Therefore, this petition is found for being not maintainable and is particularly dismissed along with the pending application(s), as well as the petitioners might request remedies through the civil court process as discussed supra. Read more