If the employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to answer the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only completed In the event the employee can show that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to lead evidence plus the petitioner company responded towards the allegations as such they were very well conscious of the allegations and led the evidence as a result this point is ofno use for being looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
Case law is specific to the jurisdiction in which it absolutely was rendered. As an illustration, a ruling inside of a California appellate court would not generally be used in deciding a case in Oklahoma.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The legislation enjoins the police to be scrupulously fair towards the offender as well as Magistracy is to ensure 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 along with from other courts Nonetheless 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.
This ruling has conditions, and since the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. In view of the above mentioned facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more
Therefore, this petition is found for being not maintainable and is particularly dismissed along with the pending application(s), plus the petitioners might request remedies through the civil court process as discussed supra. Read more
However it's made obvious that police is free to choose action against any person who is indulged in criminal activities matter to legislation. However no harassment shall be caused to your petitioner, if she acts within the bonds of law. Police shall also make certain regard with the family get rid of in accordance with law and if they have reasonable ground to prevent the congnizable offence they're able to act, so far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate for a issue of security of your house is concerned, which is not really public place under the Act 1977. nine. Looking at the aforementioned details, the objective of filing this petition has been achieved. Therefore, this petition is hereby disposed of in the terms stated over. Read more
Regulation professors traditionally have played a much smaller role in creating case law in common law than professors in civil legislation. Because court decisions in civil legislation traditions are historically brief[four] rather than formally amenable to establishing precedent, much with the exposition of your law in civil legislation traditions is completed by lecturers somewhat than by judges; this is called doctrine and could be published in treatises or in journals which include Recueil Dalloz in France. Historically, common regulation courts relied minimal on legal scholarship; thus, with the turn on the twentieth century, it had been quite unusual to view an educational writer quoted in the legal decision (other than Possibly for your academic writings of prominent judges such as Coke and Blackstone).
S. Supreme Court. Generally speaking, proper case citation includes the names with the parties to the initial case, the court in which the case was listened to, the date it was decided, as well as book in which it really is recorded. Different citation requirements may possibly involve italicized or underlined text, and certain specific abbreviations.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a nicely-set up proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue to the procedure provided under the relevant rules instead of otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings over the evidence.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained with the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever attained, the Court may well interfere with the summary or perhaps the finding and mould the relief to really make it proper towards the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or perhaps the nature of punishment. To the aforesaid proposition, we've been fortified because of the decision in the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your law laid down via the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority with the parent department on the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and fork out the pension amount and other ancillary benefits to the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority with the respondent can be directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
If granted absolute immunity, the parties would not only be protected from liability inside the matter, but could not be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request for the appellate court.
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Therefore, this petition is found to get not maintainable and is dismissed along with the pending application(s), plus the petitioners may perhaps find remedies through the civil court process as discussed supra. Read more