Delegatus Non Potest Delegare
Delegatus Non Potest Delegare legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Acting under dictation is against unsanctioned delegation, derived from maxim delegatus non potest delegare, which lays down that a delegate cannot further delegate power to someone else
Such is to ensure that when a specific person or body is given a statutory discretion, the discretion is exercised by that very person or body and not by someone else.
When power was conferred on a particular person then that person could neither transfer its exercise to another person nor could exercise it without application of his mind to facts and circumstances of that case
Such person has to exercise that power with application of his independent mind to the facts and circumstances of that case regardless of any extraneous/dictative influence.
"Delegatus non potest delegare" (a delegatee cannot further delegate his powers)
"Delegatus non potest delegare": a delegate connot further delegate.
"Delegatus Non Potest Delegare", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/15592
Precedents & Case Laws citing "Delegatus Non Potest Delegare"
1994 S C M R 749
STATE through Advocate‑General, Sindh‑‑‑Appellant Versus HANIF AHMED and others‑‑‑Respondents
Court: Supreme Court of Pakistan2017 M L D 711
Haji NEK AMAL — Petitioner Versus Dr. SUHAIL BALUCH and others — Respondents
Court: Peshawar2019 P T D 594
COMMISSIONER INLAND REVENUE, ZONE-I, FAISALABAD Versus Messrs MAGNA TEXTILE INDUSTRIES PRIVATE LIMITED, FAISALABAD
Court: Lahore High Court1999 P Cr
THE STATE through Advocate-General, Sindh — Appellant Versus BADLO GOSH alias GALU FAKIR and another — Respondents
Court: KarachiP L D 1976 Lahore 919
Petitioner Versus Syed ANWAR HUSSAIN, M. 1. C., KASUR AND AL9OTHBR
Court: Para. 2(k)‑"Inspector"‑Definition‑District Magistrate authorised to appoint other officials to be Inspectors for purpose of Order Order of District Magistrate appointing other Magistrates to act as Inspectors for conducting raids upon depots‑Held, within meaning; of Order.‑Words and phrases.2022 M L D 1705
ZIA ULLAH and 6 others — Petitioners Versus GOVERNMENT OF KHYBER PAKHTUNKHWA and 5 others — Respondents
Court: Peshawar (Mingora Bench)P L D 2022 Sindh 552
ARY COMMUNICATIONS LIMITED through duly Authorized Officer — Petitioner Versus COUNCIL OF COMPLAINTS, ISLAMABAD through Secretary and 2 others — Respondents
Court: High Court2023 P T D 1600
ALLIED BANK LIMITED Versus The COMMISSIONER OF INCOME TAX, LAHORE and others
Court: Supreme Court of Pakistan2023 S C M R 1166
ALLIED BANK LIMITED — Petitioner Versus The COMMISSIONER OF INCOME TAX, LAHORE and others — Respondents
Court: Supreme Court of PakistanP L D 2023 Peshawar 71
PROJECT DIRECTOR NEW THAKOT BRIDGE and others — Appellants Versus SHER ZADA and others — Respondents
Court: High Court