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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In the event the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't experienced a possibility to answer the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only finished In case the employee can show that they'd a good reason for not serving the grievance notice. In the present case, the parties were allowed to guide evidence as well as petitioner company responded to the allegations therefore they were well aware of the allegations and led the evidence as a result this point is ofno use being looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a lot of this power casts an obligation over 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
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 really a free and democratic country, and once a person becomes a major they can marry whosoever he/she likes; In the event the parents on the boy or Lady never approve of this kind of inter-caste or interreligious marriage the maximum they are able to do if they could Minimize off social relations with the son or perhaps the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that's major undergoes inter-caste or inter-religious marriage with a woman or gentleman who is a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anyone who provides these threats or harasses or commits acts of violence both himself or at his instigation, is taken to job by instituting criminal proceedings with the police against these kinds of persons and further stern action is taken against this sort of person(s) as provided by regulation.
The a lot 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 to get a crime, his constitutional and fundamental rights must not be violated. However it is actually made distinct that police is free to get action against any person who's indulged in criminal activities matter to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-industry duties while in the interim period. Read more
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed to the disposal of the moment petition about the premise that the DIGP Malir will hear the petitioner and private respondents and will take care of all of the areas of the case and be certain that no harassment shall be caused to both the parties.
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—may be the principle by which judges are bound to these types of past decisions, drawing on established judicial authority to formulate their positions.
Regulation professors traditionally have played a much smaller sized role in building case law in common law than professors in civil legislation. Because court decisions in civil regulation traditions are historically brief[4] instead of formally amenable to establishing precedent, much with the exposition of the legislation in civil legislation traditions is done by academics rather than by judges; this is called doctrine and should be published in treatises or in journals including Recueil Dalloz in France. Historically, common regulation courts relied small on legal scholarship; thus, on the turn of your twentieth century, it absolutely was pretty scarce to view a tutorial writer quoted inside of a legal decision (apart from Most likely with the educational writings of popular judges which include Coke and Blackstone).
Many judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in placing the Petitioner's name to the ECL based about the criminal case are inconsistent with proven legal principles. For that reason, this petition must be allowed Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively-settled that though thinking of the case of standard promotion of civil servants, the competent authority has to think about the advantage of each of the eligible candidates and after thanks deliberations, to grant promotion to this sort of suitable candidates that are found to get most meritorious amongst them. Considering that the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked from the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy to the part with the respondent department.
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171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is well recognized now that the provision for proforma promotion is not really alien or unfamiliar on the civil servant service structure but it is check here already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may possibly if glad that a civil servant who was entitled to get promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service on the Federation/ province from the higher post, direct that these kinds of civil servant shall be paid the arrears of fork out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), along with the petitioners may possibly look for remedies through the civil court process as discussed supra. Read more