case law on doctrine of ultra vires No Further a Mystery

33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives from the police would be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, assure law and order to protect citizens' lives and property. The law enjoins the police to get scrupulously fair to the offender and also the Magistracy is to be sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the regulation and order situation have been the topic of adverse comments from this Court as well as from other Courts, Nevertheless they have didn't have any corrective effect on it.

Article 199 of the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It can be nicely-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

As the Supreme Court will be the final arbitrator of all cases where the decision has become achieved, therefore the decision from the Supreme Court needs to get taken care of as directed in terms of Article 187(2) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

Usually, the burden rests with litigants to appeal rulings (which includes These in distinct violation of founded case legislation) for the higher courts. If a judge acts against precedent, as well as the case is just not appealed, the decision will stand.

Therefore, this petition is found to generally be not maintainable and it is dismissed along with the pending application(s), and the petitioners could request remedies through the civil court process as discussed supra. Read more

Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more

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168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it can be practical for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation for making an attempt to dispose of a case on benefit and more importantly when after recording of evidence it's got attained into a stage of final arguments, endeavors should be made for benefit disposal when it's got achieved this sort of stage. Read more

Only the written opinions with the Supreme Court as well as Court of Appeals are routinely readily available. Decisions in the reduce (trial) courts are usually not generally published or distributed.

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Summaries of cases that condition the lives of younger individuals, guaranteeing a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fanatics alike.

In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming towards the main case, Additionally it is a very well-established proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court get more info 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter into the procedure provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings around the evidence.

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