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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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have listened to the figured out counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues from the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(one) with the Illegal Dispossession Act 2005 handy over possession on the subjected premises to the petitioner; that Illegal Dispossession Case needs for being decided via the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer from the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this element for interim custody of the subject 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.
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The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion will involve a move to some higher position with increased responsibilities and rank. Upgradation, about the other hand, delivers financial relief by putting an employee in the higher fork out scale, without switching their occupation duties or position. It's a mechanism designed to address the stagnation of employees who have remained while in the same fork out scale for a long time, particularly when they lack possibilities for promotion. Upgradation is actually a policy Device used to alleviate the hardship of long-term stagnation. Read more
However it is made crystal clear that police is free to just take action against any person that is indulged in criminal activities topic to regulation. However no harassment shall be caused for the petitioner, if she acts within the bonds of regulation. Police shall also make certain regard on the family shed in accordance with legislation and when they have reasonable ground to prevent the congnizable offence they might act, as far as raiding the house is concerned the police shall secure concrete evidence and obtain necessary permission from the concerned high police official/Magistrate as being a issue of security with the house is concerned, which is just not public place under the Act 1977. nine. Contemplating the aforementioned details, the objective of filing this petition has actually been attained. Therefore, this petition is hereby disposed of in the terms stated previously mentioned. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice with the Peace u/s 22-A is not really obliged to afford an opportunity of hearing towards the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is necessary to take into consideration all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
S. Supreme Court. Generally speaking, proper case citation includes the names of the parties to the original case, the court in which the case was listened to, the date it absolutely was decided, as well as the book in which it really is recorded. Different citation requirements may incorporate italicized or underlined text, and certain specific abbreviations.
10. Without touching the merits of your case from the issue of annual increases in the pensionary emoluments from the petitioner, in terms of policy decision from the provincial government, such yearly increase, if permissible inside the case of employees of KMC, involves further assessment to generally be made with the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called legislation of necessity..
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to be scrupulously fair towards the offender along with the Magistracy is to guarantee 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 law and order situation have been the subject of adverse comments from this Court together with from other courts but they have failed to have any corrective effect on it.
In 1997, the boy was placed into the home of John and Jane Roe as being a foster child. Even though the pair had two younger children of their individual at home, the social worker did not tell them about the boy’s history of both being abused, and abusing other children. When she made her report for the court the following working day, the worker reported the boy’s placement in the Roe’s home, but didn’t mention that the few experienced youthful children.
17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI 46 I have read the figured out counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues of your matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(one) with the Illegal Dispossession Act 2005 to hand over possession of the subjected premises to your petitioner; that Illegal Dispossession Case needs being decided through the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer inside the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this part for interim custody of the subject premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
Rulings by courts of “lateral jurisdiction” are usually not binding, but might be used as here persuasive authority, which is to provide substance to the party’s argument, or to guide the present court.