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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14. In the light of the position explained previously mentioned, it really is concluded that a civil servant includes a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded as for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the length of service or during the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This ruling has conditions, and since the petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. nine. In view of the above facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not implement, because the criminal Court has not convicted the petitioner, somewhat he continues to be acquitted of the criminal charges based on evidence and it really is perfectly-settled law that once the civil servant is acquitted in the criminal case, then on this extremely charge he cannot be awarded in any punishment from the department and held him disqualified with the post because acquittal for all upcoming purposes. The aforesaid proposition has become set at naught from the Supreme Court of Pakistan in the case of the District Police Officer Mainwali and a couple of others v.
Given that the Supreme Court could be the final arbitrator of all cases where the decision has become attained, therefore the decision of the Supreme Court needs being taken care of as directed in terms of Article 187(2) from the Constitution. ten. 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 Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based to the same factual grounds. Even though a writ under Article 199 is obtainable in specific limited situations, it is 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-study witnesses and present his/her defense but did not convince the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is anticipated that the persons owning their character higher than board, free from any moral stigma, are being inducted. Verification of character and antecedents is usually a condition precedent for appointment to some Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to try and do absent with the candidature on the petitioner. Read more
The DCFS social worker in charge of the boy’s case experienced the boy made a ward of DCFS, As well as in her 6-thirty day period report for the court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
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Under Article 199, the court possesses the authority to review government insurance policies for reasonableness if applicable in respondent university and to safeguard aggrieved parties' rights. As a result, this petition is admissible based on recognized court precedents, and the respondents' objections are overruled. Read more
Any court may request to distinguish the present case from that of a binding precedent, to succeed in a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to the higher court.
Preceding four tax years interpreted. It is far from from the date of finalisation of audit but from the tax year involved. Read more
States also ordinarily have courts that manage only a specific subset of legal matters, for example family legislation and probate. Case regulation, also known as precedent or common regulation, is the body of prior judicial decisions that guide judges deciding issues before them. Depending about the relationship between the deciding court plus the precedent, case legislation can be binding or merely persuasive. For example, a decision via the U.S. Court of Appeals with the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) isn't strictly bound to follow the Fifth Circuit’s prior decision. Similarly, a decision by a single district court in New York is not binding on another district court, but the original court’s reasoning could help guide the second court in reaching its decision. Decisions by the U.S. Supreme Court are binding on all federal and state courts. Read more