MUHAMMAD SHABBIR vs QUAID-E-AZAM UNIVERSITY through Vice-Chancellor, Islamabad Scope — 2022 PLC 82 SUPREME-COURT

Case information

Citation: 2022 PLC 82 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLC
Parties: MUHAMMAD SHABBIR vs QUAID-E-AZAM UNIVERSITY through Vice-Chancellor, Islamabad Scope
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD SHABBIR VS QUAID-E-AZAM UNIVERSITY through Vice-Chancellor, Islamabad Scope---Common and pre-dominant feature of de facto doctrine is in relation to exercise of power by holder of the public office, when it is found to be not legally entitled to exercise or perform such power of public office---Such exercise of power is saved on principle of de facto doctrine on the sound principles of public policy and to maintain regularity in conduct of public business and to save the public from confusion and to protect the right which a person may have acquired as a result of exercise of power by holder of public office not entitled to perform or exercise such power---Necessary ingredients for de facto exercise of power by the holder of public office is that the office should exist in the first place---If there is no public office in existence then there is no concept in law of holder of public office---Holder of public office will remain until the public office remains---Where there is no public office in existence, there remains nothing on which de facto doctrine could be applied.

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