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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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 of your police is always to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, make sure regulation and order to protect citizens' lives and property. The law enjoins the police being scrupulously fair to the offender plus the Magistracy is to make certain 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 subject of adverse comments from this Court together with from other Courts, However they have didn't have any corrective effect on it.
Case law is specific to the jurisdiction in which it had been rendered. As an example, a ruling inside of a California appellate court would not generally be used in deciding a case in Oklahoma.
In the event the DIGP finds evidence of the cognizable offense by either party, he shall direct the relevant SHO to record statements and carry on according for the regulation. This petition stands disposed of in the above terms. Read more
Ordinarily, the burden rests with litigants to appeal rulings (together with All those in obvious violation of proven case law) towards the higher courts. If a judge acts against precedent, and the case will not be appealed, the decision will stand.
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not apply, since the criminal Court hasn't convicted the petitioner, somewhat he has long been acquitted of the criminal charges based on evidence and it really is properly-settled regulation that once the civil servant is acquitted from the criminal case, then on this extremely charge he cannot be awarded in any punishment because of the department and held him disqualified for the post because acquittal for all potential purposes. The aforesaid proposition has actually been established at naught through the Supreme Court of Pakistan from the case from the District Police Officer Mainwali and a couple of others v.
In order to preserve a uniform enforcement of your laws, the legal system adheres towards the doctrine of stare decisis
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 isn't obliged to afford a chance of hearing on the accused party; nor obliged to automatically or mechanically issue directions for registration of FIR; but is required to take into consideration all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
However it is actually made apparent that police is free to take action against any person who is indulged in criminal activities issue to regulation. However no harassment shall be caused to your petitioner, if she acts within the bonds of regulation. Police shall also guarantee regard with the family shed in accordance with law and if they have reasonable ground to prevent the congnizable offence they are able to act, so far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate to be a issue of security with the house is concerned, which just isn't public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition is reached. Therefore, this petition is hereby disposed of during the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling around website the same sort of case.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Touching on the second issue of non-service of grievance notice. Under Section 33 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition is often dismissed. This is because service in the grievance notice is really a mandatory necessity and also a precondition for filing a grievance petition. The regulation requires that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. If your employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In case the organization is transprovincial.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The law enjoins the police to become scrupulously fair to the offender as well as the Magistracy is to make certain 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 legislation and order situation have been the topic of adverse comments from this Court together with from other courts Nevertheless they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The plenty of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated.
If granted absolute immunity, the parties would not only be protected from liability during the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making this kind of ruling, the defendants took their request for the appellate court.
eight. For your reasons stated over, this court finds the petition being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend from the comments, and their request is Consequently acceded to. All pending applications, if any, are also dismissed. Read more
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), as well as petitioners might seek out remedies through the civil court process as discussed supra. Read more