Getting My case law on disciplinary proceedings To Work

If the employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't had a possibility to answer the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only performed 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 plus the petitioner company responded towards the allegations as a result they were properly aware of the allegations and led the evidence as a result this point is ofno use 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-twenty five Approved for Reporting WhatsApp

The main objectives of police is to apprehend offenders, examine crimes, and prosecute them before the cours also to prevent to commission of crime, and higher than all assure law and order to protect citizen???s life and property. Read more

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 really a free and democratic state, and once a person becomes a major they can marry whosoever he/she likes; In the event the parents with the boy or girl do not approve of these inter-caste or interreligious marriage the utmost they can do if they are able to cut off social relations with the son or maybe the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that's major undergoes inter-caste or inter-religious marriage with a woman or gentleman who is a major, the pair is neither harassed by any person nor subjected to threats or acts of violence and anybody who gives such threats or harasses or commits acts of violence both himself or at his instigation, is taken to job by instituting criminal proceedings with the police against this sort of persons and further stern action is taken against such person(s) as provided by legislation.

Usually, the burden rests with litigants to appeal rulings (including those in crystal clear violation of proven case law) into the higher courts. If a judge acts against precedent, along with the case isn't appealed, the decision will stand.

This is because transfer orders are typically deemed within the administrative discretion in the employer. However, there could be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the suitable forum. Read more

a hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.

Legislation professors traditionally have played a much smaller sized role in acquiring case law in common regulation than professors in civil law. Because court decisions in civil law traditions are historically brief[4] and not formally amenable to establishing precedent, much on the exposition of the legislation in civil law traditions is finished by academics alternatively than by judges; this is called doctrine and could be published in treatises or in journals such as Recueil Dalloz in France. Historically, common regulation courts relied tiny on legal scholarship; So, on the turn of the twentieth century, it absolutely was really scarce to find out an academic writer quoted inside of a legal decision (besides Most likely for your tutorial writings of distinguished judges including Coke and Blackstone).

Should you find an error within the content material of the published opinion (for instance a misspelled name or simply a grammatical error), please notify the Reporter of Decisions. TVW

Some bodies are presented statutory powers to issue advice with persuasive authority or similar statutory effect, such as the Highway Code.

Article 27 of your Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment too. The disparity within the shell out scale allowances of Stenographers from the District Judiciary is inside the very clear negation with the regulation laid down from the Supreme Court in its several pronouncements. Read more

The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation around the police, and they must bear in mind, as held by this Court from time to time in its numerous pronouncemnts, that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and not abduct. Read more

If granted absolute immunity, the parties would not only be protected from liability inside the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request for the appellate court.

17 . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have read the figured out counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues in the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section 7(one) with the Illegal Dispossession Act 2005 handy over possession of your subjected premises on the petitioner; that Illegal Dispossession Case needs to generally be decided via the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer during more info the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this facet for interim custody of the subject premises When the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming on the main case, it is also a perfectly-proven 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 succeed in 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 during the Stricto-Sensu, use 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 and not otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings within the evidence.

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