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 case the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced a chance to answer the grievance and attempt to resolve it. In a few cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only performed if the employee can show that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to lead evidence and also the petitioner company responded on the allegations as a result they were perfectly aware of the allegations and led the evidence as a result this point is ofno use to become seemed 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-twenty five Approved for Reporting WhatsApp
Article 199 on the Constitution allows High Court intervention only when "no other ample remedy is provided by law." It truly is perfectly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police to get 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 legislation and order situation have been the topic of adverse comments from this Court as well as 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.
Sign up for E-mail Notification of new opinions The cases listed beneath have experienced opinions filed for them within the last 14 days. The following information is accessible for Each individual case: Information Sheet - Click a case number to view case details, such as signing JusticesJudges and participating attorneys.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached from the disciplinary authority is based on no evidence. If the conclusion or finding is such as no reasonable person would have ever attained, the Court may perhaps interfere with the conclusion or the finding and mould the relief to really make it correct into the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. Around the aforesaid proposition, we are fortified from the decision in the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
While there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds minor sway. Still, more info if there is no precedent while in the home state, relevant case regulation from another state could possibly be regarded as because of the court.
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10. Without touching the merits in the case with the issue of yearly increases inside the pensionary emoluments in the petitioner, in terms of policy decision with the provincial government, this sort of annual increase, if permissible from the case of employees of KMC, requires further assessment to generally be made through the court of plenary jurisdiction. KMC's reluctance on account of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more
five hundred,000/- (Rupees Five hundred thousand only) Just about every plus the same shall be saved inside the police station towards the effect that no harm shall be caused on the petitioners. five. In view of the above, this Constitutional Petition is disposed of Read more
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation to the police, plus they must bear in mind, as held by this Court from time to time in its numerous pronouncemnts, that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and not abduct. Read more
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seventeen . 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 2025 SHC KHI forty six I have heard the discovered counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues on the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(1) in the Illegal Dispossession Act 2005 at hand over possession of your subjected premises into the petitioner; that Illegal Dispossession Case needs to generally be decided with the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this factor for interim custody of the topic premises if the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more
Rulings by courts of “lateral jurisdiction” usually are not binding, but might be used as persuasive authority, which is to offer substance to your party’s argument, or to guide the present court.