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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Some pluralist systems, like Scots regulation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, will not precisely match into the dual common-civil legislation system classifications. These types of systems may have been closely influenced from the Anglo-American common law tradition; however, their substantive legislation is firmly rooted during the civil legislation tradition.
fourteen. From the light in the position explained previously mentioned, it's concluded that a civil servant contains a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the size of service or inside 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The ruling of the first court created case regulation that must be accompanied by other courts right up until or Until possibly new regulation is created, or simply a higher court rules differently.
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 from the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Generally speaking, higher courts usually do not have direct oversight over the lower courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments with the reduced courts.
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 within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically result in website exoneration from departmental charges based about the same factual grounds. Though a writ under Article 199 is obtainable in specific limited situations, it can be 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 didn't encourage the department of his/her innocence.
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The DCFS social worker in charge of the boy’s case had the boy made a ward of DCFS, and in her six-thirty day period report on the court, the worker elaborated to 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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156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion may be the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for turning into entitled to be viewed as for promotion to your higher grade, of course, isn't without logic as the officer that's to begin with inducted into a particular post needs to serve on the claimed post to gain experience to hold the next higher post and also to serve the public in a very befitting way.
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