Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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Should the employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not had a chance to answer the grievance and attempt to resolve it. In certain cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only completed If your employee can show that that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to guide evidence as well as petitioner company responded for the allegations therefore they were nicely conscious of the allegations and led the evidence therefore this point is ofno use to be looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when The fundamental norm underlying a Constitution disappears and a new system is place in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 regulation enjoins the police to be scrupulously fair towards the offender and the Magistracy is to be certain 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 law and order situation have been the subject of adverse comments from this Court in addition to from other courts Nonetheless 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.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release for a legally regarded conviction. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer inside a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained from the disciplinary authority is based on no evidence. When the conclusion or finding is such as no reasonable person would have ever arrived at, the Court may well interfere with the conclusion or the finding and mold the relief to really make it acceptable towards the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is read more presented, the appellate authority has coextensive power to re-take pleasure in the evidence or even the nature of punishment. Around the aforesaid proposition, we've been fortified via the decision of your Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
While there isn't any prohibition against referring to case legislation from a state other than the state in which the case is being read, it holds little sway. Still, if there isn't any precedent from the home state, relevant case law from another state may very well be regarded as through the court.
Apart from the rules of procedure for precedent, the load presented to any reported judgment might count on the reputation of both the reporter as well as judges.[seven]
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it really is hassle-free for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to get rid of a case on advantage and more importantly when after recording of evidence it's arrived at into a stage of final arguments, endeavors should be made for advantage disposal when it has achieved this kind of stage. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually effectively-settled that even though taking into consideration the case of regular promotion of civil servants, the competent authority must look at the merit of all of the suitable candidates and after thanks deliberations, to grant promotion to this sort of suitable candidates that are found being most meritorious among them. Because the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was ignored via the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy about the part in the respondent department.
Article 27 of your Constitution does not only safeguard against discrimination for the time of appointment of service but after the appointment in addition. The disparity from the spend scale allowances of Stenographers inside the District Judiciary is from the distinct negation with the law laid down with the Supreme Court in its numerous pronouncements. Read more
Performing a case law search may be as easy as entering specific keywords or citation into a search engine. There are, however, certain websites that facilitate case legislation searches, which includes:
10. Based about the findings with the inquiry committee, this petition just isn't thought of maintainable and it is therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
8. For that reasons stated previously mentioned, this court finds the petition being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend from the comments, and their request is As a result acceded to. All pending applications, if any, also are dismissed. Read more
Therefore, this petition is found to generally be not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners might find remedies through the civil court process as discussed supra. Read more