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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However, the above mentioned observation is without prejudice to the legal rights in the parties, arising out of the over marriage on the couple, if any, pending before the competent court of legislation. Read more
How much sway case legislation holds may perhaps change by jurisdiction, and by the precise circumstances of your current case. To explore this concept, evaluate the following case regulation definition.
However, decisions rendered via the Supreme Court in the United States are binding on all federal courts, and on state courts regarding issues of the Constitution and federal regulation.
This ruling has conditions, and Because the petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. nine. In view of the above mentioned facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed to the disposal of the moment petition around the premise that the DIGP Malir will hear the petitioner as well as private respondents and will just take care of each of the elements of the case and make certain that no harassment shall be caused to both the parties.
As being the Supreme Court may be the final arbitrator of all cases where the decision has been arrived at, therefore the decision in the Supreme Court needs to be taken care of as directed in terms of Article 187(two) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically cause exoneration from departmental charges based on the same factual grounds. Though a writ under Article 199 is available in specific limited situations, it is actually generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-analyze witnesses and present his/her defense but did not persuade the department of his/her innocence.
In the event you find an error within the material of the published opinion (such as a misspelled name or maybe a grammatical error), please notify the Reporter of Decisions. TVW
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It check here is actually properly-settled that even though thinking about the case of normal promotion of civil servants, the competent authority should evaluate the benefit of many of the eligible candidates and after due deliberations, to grant promotion to these kinds of eligible candidates who will be found to get most meritorious among them. Because the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was dismissed via the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy over the part from the respondent department.
Article 199 of your Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It is actually effectively-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Therefore, this petition is hereby disposed of within the terms stated over. However no harassment shall be caused to either party along with the case shall be decided from the competent court of regulation if pending. Read more
ten. Based on the findings on the inquiry committee, this petition is not really viewed as maintainable which is therefore liable to be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Where there are several members of the court deciding a case, there can be a person or more judgments presented (or reported). Only the reason for your decision of your majority can constitute a binding precedent, but all could be cited as persuasive, or their reasoning may be adopted within an argument.
Therefore, this petition is found to become not maintainable and is also dismissed along with the pending application(s), plus the petitioners may possibly request remedies through the civil court process as discussed supra. Read more