case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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In the event the employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer hasn't had a chance to answer the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only accomplished In the event the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to guide evidence as well as the petitioner company responded to your allegations as such they were nicely mindful of the allegations and led the evidence as a result this point is ofno use to generally be seemed 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
For legal professionals, there are specific rules regarding case citation, which fluctuate depending to the court and jurisdiction hearing the case. Proper case legislation citation inside of a state court might not be ideal, or simply accepted, for the U.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is usually a free and democratic nation, and once a person becomes a major he / she can marry whosoever he/she likes; if the parents from the boy or girl never approve of such inter-caste or interreligious marriage the maximum they are able to do if they can Slash off social relations with the son or the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that is major undergoes inter-caste or inter-religious marriage with a woman or male that's a major, the pair is neither harassed by any individual nor subjected to threats or acts of violence and anyone who provides this kind of threats or harasses or commits acts of violence either himself or at his instigation, is taken to job by instituting criminal proceedings by the police against this kind of persons and further stern action is taken against these kinds of person(s) as provided by legislation.
The ruling of the first court created case regulation that must be accompanied by other courts until finally or unless possibly new regulation is created, or possibly a higher court rules differently.
13. The Supreme Court has held that when the act of misconduct is set up as well as the employee is found guilty after thanks process of regulation, it's the prerogative on the employer to decide the quantum of punishment, out of the varied penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness of the act of misconduct will not be satisfactory but the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful way. Read more
The proposal appears to be reasonable and acceded to. From the meantime police shall remain neutral while in the private dispute between the parties, however, if any of your individuals is indulged in criminal exercise the police shall choose prompt action against them under regulation. five. The instant petition is disposed of in the above terms. Read more
Apart from the rules of procedure for precedent, the burden presented to any reported judgment may rely on the reputation of both the reporter along with the judges.[seven]
The court system is then tasked with interpreting the law when it can be unclear how it applies to any provided situation, generally rendering judgments based over the intent of lawmakers and the circumstances in the case at hand. Such decisions become a guide for long term similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is additionally a properly-founded proposition of regulation 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, apply 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 with the charge, however, that is subject matter to your procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings around the evidence.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in the way 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 via the disciplinary authority is based on no evidence. If the conclusion or finding is like no reasonable person would have ever attained, the Court may well interfere with the conclusion or even the finding and mould the relief to really make it acceptable to your facts of each and every case. In service jurisprudence, the disciplinary authority is definitely 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. On the aforesaid proposition, we're fortified by the decision of the Supreme Court inside 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
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The legislation enjoins the police for being scrupulously fair to the offender and the Magistracy is to be sure 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 subject of adverse comments from this Court and also from other courts However they have failed to 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. The plenty of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
Summaries of cases that condition the lives of younger individuals, guaranteeing a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted website for legal professionals and lovers alike.
Because of their position between The 2 main systems of law, these types of legal systems are sometimes referred to as blended systems of law.
The acquired Tribunal shall decide the case on merits, without being influenced from the findings during the Impugned order, after recording of evidence in the respective parties. Read more