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 Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when The fundamental norm underlying a Constitution disappears as well as a new system is place in its place.

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 region, and once a person becomes a major he / she can marry whosoever he/she likes; if the parents with the boy or girl don't approve of these inter-caste or interreligious marriage the utmost they could do if they might cut off social relations with the son or the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl who's major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the pair is neither harassed by everyone nor subjected to threats or acts of violence and anyone who provides this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to activity by instituting criminal proceedings by the police against this kind of persons and further stern action is taken against these person(s) as provided by law.

The a lot of this power casts an obligation about 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. However it is actually made distinct that police is free to get action against any person who's indulged in criminal activities topic to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-area duties from the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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), Evidently distinguished between up-gradation and promotion. Promotion entails a shift to a higher position with increased responsibilities and rank. Upgradation, around the other hand, supplies financial relief by inserting an employee in the higher pay scale, without modifying their position duties or position. It's a system designed to address the stagnation of employees who have remained in the same shell out scale for an extended time, particularly when they absence prospects for promotion. Upgradation can be a policy Device used to reduce the hardship of very long-term stagnation. Read more

Generally speaking, higher courts don't have direct oversight over the reduced courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments with the decreased courts.

The Roes accompanied the boy to his therapy sessions. When they were explained to on the boy’s past, they asked if their children were Protected with him in their home. The therapist assured them that they'd nothing at all to fret about.

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161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It is additionally a perfectly-founded proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject into the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.

139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Concerning the second issue of non-service of grievance notice. Under Section 33 of your Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition might be dismissed. This is because service of the grievance notice is actually a mandatory necessity plus a precondition for filing a grievance petition. The regulation involves that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. Should the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your law laid down via the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Consequently, the competent authority on the parent department with the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and spend the pension amount and other ancillary benefits into the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority in the respondent is usually directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

In 1997, the boy was placed into the home of John and Jane Roe as a foster child. Although the pair experienced two younger children of their personal at home, the social worker didn't inform them about the boy’s history of both being abused, and abusing other children. When she made her report for the court the following day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the few experienced younger children.

171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's well recognized now that the provision for proforma promotion just isn't alien or unfamiliar into the civil servant service structure however it is already embedded in Fundamental Rule 17, wherein it can be lucidly enumerated that the appointing authority could if contented that a civil servant who was entitled to be promoted from a particular date was, for no fault of more info his personal, wrongfully prevented from rendering service for the Federation/ province in the higher post, direct that these civil servant shall be paid the arrears of spend and allowances of these types 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 get not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners may find remedies through the civil court process as discussed supra. Read more