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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Article 199 on the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It is actually properly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether 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 46 SHC Citation: SHC-252218 Tag:I have listened to the acquired counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(1) on the Illegal Dispossession Act 2005 handy over possession from the subjected premises for the petitioner; that Illegal Dispossession Case needs to generally be decided from the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this element for interim custody of the topic 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.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and also the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as a legally recognized conviction. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 on the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it necessitates legal transfer of title. Agreement to sell must be produced and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. 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 12 Justice with the Peace u/s 22-A is not obliged to afford a chance of hearing to your accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is needed to look at all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a number of the relevant factors. Read more
We have been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and to protect the rights and liberties guaranteed because of the Constitution and laws on the United States and this State.
ten. Without touching the merits of the case on the issue of once-a-year increases in the pensionary emoluments from the petitioner, in terms of policy decision with the provincial government, this sort of yearly increase, if permissible while in the case of employees of KMC, involves further assessment to become made because of the court of click here plenary jurisdiction. KMC's reluctance as a consequence of funding issues and lack of 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
Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It really is very well-settled that an aggrieved person must exhaust available 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
For that reason, this petition is hereby disposed of within the terms stated higher than. However no harassment shall be caused to both party and also the case shall be decided with the competent court of legislation if pending. Read more
If granted absolute immunity, the parties would not only be protected from liability in the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making this type of ruling, the defendants took their request to your appellate court.
Where there are several members of the court deciding a case, there might be 1 or more judgments presented (or reported). Only the reason with the decision with the majority can constitute a binding precedent, but all could be cited as persuasive, or their reasoning could be adopted in an argument.
Criminal cases Within the common regulation tradition, courts decide the legislation applicable to some case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Unlike most civil legislation systems, common law systems Adhere to the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all reduce courts should make decisions consistent with the previous decisions of higher courts.