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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However, the above observation is without prejudice to your legal rights from the parties, arising out with the over marriage of the pair, if any, pending before the competent court of law. Read more

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 on the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Read more

As the Supreme Court will be the final arbitrator of all cases where the decision has been achieved, therefore the decision in the Supreme Court needs to be taken care of as directed in terms of Article 187(two) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

This ruling has conditions, and Because the petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. In view of the above mentioned facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more

This is because transfer orders are typically deemed within the administrative discretion on the employer. However, there may be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the appropriate forum. Read more

To the foregoing reasons the moment suit is dismissed with no order concerning cost. Office to prepare decree in the above terms. 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 in a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically produce exoneration from departmental charges based around the same factual grounds. When a writ under Article 199 is accessible in specific limited situations, it is actually generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-examine witnesses and present his/her defense but did not convince the department of his/her innocence.

Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is expected that the persons owning their character over board, free from any moral stigma, are to get inducted. Verification of character and antecedents is often a condition precedent for appointment to a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to complete away with the candidature from the petitioner. Read more

In a few jurisdictions, case legislation may be applied to ongoing adjudication; for example, criminal proceedings or family law.

The legislation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for more info military adventure in civil government.it absolutely was the illegal action called law of necessity..

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 of the respondents that pensionary benefits might be withheld on account on the allegations leveled against the petitioner, in our view, section 20 on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension may be withheld or reduced. These include things like 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 may be withheld or reduced. In a few cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions established by the government.

The reason for this difference is that these civil legislation jurisdictions adhere to a tradition that the reader should manage to deduce the logic from the decision plus the statutes.[four]

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Therefore, this petition is found to become not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners may possibly request remedies through the civil court process as discussed supra. Read more