case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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When the employee fails to provide a grievance notice, the NIRC may well 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 frequently only completed Should the employee can show that they'd a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to steer evidence along with the petitioner company responded on the allegations therefore they were effectively aware about the allegations and led the evidence as such 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-25 Approved for Reporting WhatsApp
It's also important to note that granting of seniority to the civil servant without the actual length of service practically violates all the service structure being a civil servant inducted in Grade seventeen by claiming this kind of benefit without any experience be directly posted in almost any higher grade, which is neither the intention of your regulation nor in the equity. Read more
Stacy, a tenant in a very duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he experienced not presented her plenty of notice before raising her rent, citing a completely new state law that requires a minimum of 90 times’ notice. Martin argues that The brand new regulation applies only to landlords of large multi-tenant properties.
The ruling from the first court created case regulation that must be followed by other courts until eventually or Until both new regulation is created, or perhaps a higher court rules differently.
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not implement, given that the criminal Court hasn't convicted the petitioner, relatively he continues to be acquitted on the criminal charges based on evidence and it is well-settled regulation that once the civil servant is acquitted inside the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment by the department and held him disqualified for your post because acquittal for all potential purposes. The aforesaid proposition has become set at naught through the Supreme Court of Pakistan from the case on the District Police Officer Mainwali and 2 others v.
Just a couple years in the past, searching for case precedent was a hard and time consuming activity, demanding persons to search through print copies of case regulation, or to buy access to commercial online databases. Today, the internet has opened up a number of case regulation search options, and a lot of sources offer free access to case regulation.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically cause exoneration from departmental charges based to the same factual grounds. While a writ under Article 199 is on the market in specific limited situations, it can be generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-examine witnesses and present his/her defense but didn't convince the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is expected that the persons getting their character over board, free from any moral stigma, are to get inducted. Verification of character and antecedents can be a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to your Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to complete away with the candidature from the petitioner. Read more
ten. Without touching the merits from the case of your issue of yearly increases from the pensionary emoluments from the petitioner, in terms of policy decision of your provincial government, this sort of yearly increase, if permissible during the case of employees of KMC, requires further assessment to generally be made from the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode get more info of inquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever achieved, the Court may perhaps interfere with the summary or maybe the finding and mold the relief to really make it correct into the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. Within the aforesaid proposition, we're fortified through the decision from the Supreme Court 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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 on the police, they usually must bear in mind, as held by this Court from time to time in its numerous pronouncemnts, that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect and not abduct. Read more
A year later, Frank and Adel have a similar difficulty. When they sue their landlord, the court must make use of the previous court’s decision in applying the regulation. This example of case regulation refers to two cases heard in the state court, with the same level.
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 listened to the figured out counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of your matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section 7(one) of the Illegal Dispossession Act 2005 to hand over possession in the subjected premises on the petitioner; that Illegal Dispossession Case needs to generally be decided by the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer from the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has got to see this component for interim custody of the subject premises In case 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
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor degree(s) in the topic of cooperative societies. Read more