In case the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not experienced a possibility to answer the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only done If your 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 along with the petitioner company responded for the allegations as a result they were properly conscious of the allegations and led the evidence therefore this point is ofno use to become 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-twenty five Approved for Reporting WhatsApp
Additionally it is important to note that granting of seniority into a civil servant without the actual length of service nearly violates the complete service structure for a civil servant inducted in Grade 17 by claiming these benefit without any experience be directly posted in any higher quality, which is neither the intention with the legislation nor from the equity. 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 he or she can marry whosoever he/she likes; In case the parents of the boy or Female never approve of these kinds of inter-caste or interreligious marriage the most they could do if they will Slash off social relations with the son or maybe the daughter, Nevertheless 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 girl that's major undergoes inter-caste or inter-religious marriage with a woman or man who's a major, the few is neither harassed by everyone nor subjected to threats or acts of violence and anybody who provides these types of threats or harasses or commits acts of violence either himself or at his instigation, is taken to process by instituting criminal proceedings with the police against these kinds of persons and further stern action is taken against these types of person(s) as provided by law.
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, and the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release for a legally regarded conviction. Read more
Unfortunately, that wasn't correct. Just two months after being placed with the Roe family, the Roe’s son explained to his parents that the boy had molested him. The boy was arrested two days later, and admitted to having sexually molested the pair’s son several times.
145 . 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 from the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year previous boy from his home to protect him from the horrible physical and sexual abuse he had endured in his home, also to prevent him from abusing other children inside the home. The boy was placed in an unexpected emergency foster home, and was later shifted all around within the foster care system.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it's easy for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to dispose of a case on benefit and more importantly when after recording of evidence it's got achieved to a stage of final arguments, endeavors should be made for merit disposal when it's achieved this kind of stage. Read more
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, Additionally it is a properly-founded proposition of legislation 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 the fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is issue to your procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to reach at its independent findings over the evidence.
Article 199 of your Constitution allows High Court intervention only when "no other ample remedy is provided by legislation." It is actually nicely-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two website years; and, is violative from the legislation laid down through the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority with the parent department of the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and spend the pension amount and other ancillary benefits for the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority in the respondent is also 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
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information for being gathered through the parties – specifically regarding the issue of absolute immunity.
Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as mixed systems of regulation.
refers to regulation that comes from decisions made by judges in previous cases. Case regulation, also known as “common regulation,” and “case precedent,” supplies a common contextual background for certain legal concepts, And just how They're applied in certain types of case.
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