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 serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply to the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only accomplished When the employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence plus the petitioner company responded into the allegations therefore they were effectively aware about the allegations and led the evidence as a result this point is ofno use to be looked 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-25 Approved for Reporting WhatsApp
Article 199 of the Constitution allows High Court intervention only when "no other sufficient remedy is provided by law." It truly is well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people 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(Writer) 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 CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have listened to the figured out counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of your matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(one) in the Illegal Dispossession Act 2005 at hand over possession of the subjected premises towards the petitioner; that Illegal Dispossession Case needs being decided via the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer during the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this part for interim custody of the subject premises In case 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.
The ruling from the first court created case law that must be followed by other courts until finally or Except if both new legislation is created, or maybe a higher court rules differently.
This Court may well interfere where the authority held the proceedings against the delinquent officer in the method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at via the disciplinary authority is based on no evidence. Should the summary or finding is for example no reasonable person would have ever achieved, the Court might interfere with the conclusion or even the finding and mildew the relief to really make it ideal to your facts of every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. On the aforesaid proposition, we have been fortified through the decision in the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
a hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 with the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of your Peace u/s 22-A just isn't obliged to afford a possibility of hearing to the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to take into consideration all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more
The court system is then tasked with interpreting the law when it's unclear the way it relates to any provided situation, generally rendering judgments based about the intent of lawmakers along with the circumstances on the case at hand. These kinds of decisions become a guide for potential similar cases.
The justices must be more info balanced between the political parties, this kind of that neither party has an advantage of more than 1 seat. To qualify to serve around the Supreme Court, a candidate must have been admitted to practice legislation in New Jersey for at least ten years. This is the same need as for Superior Court judges.
Summaries give an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and policies aimed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
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 around the police, and they must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and not abduct. Read more
In 1997, the boy was placed into the home of John and Jane Roe as being a foster child. Although the couple had two youthful 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 in the Roe’s home, but didn’t mention that the couple experienced youthful children.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's perfectly proven now that the provision for proforma promotion isn't alien or unfamiliar into the civil servant service structure however it is already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may if contented that a civil servant who was entitled to be promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service for the Federation/ province during the higher post, direct that this sort of civil servant shall be paid the arrears of pay and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The discovered Tribunal shall decide the case on merits, without being influenced via the findings inside the Impugned order, after recording of evidence of the respective parties. Read more