The smart Trick of ejusdem generis case laws That No One is Discussing
The smart Trick of ejusdem generis case laws That No One is Discussing
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If your employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not experienced a possibility to reply to the grievance and attempt to resolve it. In some cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only finished 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 steer evidence as well as petitioner company responded into the allegations therefore they were perfectly conscious of the allegations and led the evidence as such this point is ofno use to generally be 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
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a lot of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. Read more
14. Inside the light on the position explained over, it is actually concluded that a civil servant has a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length of service or in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
The plenty of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it can be made crystal clear that police is free to get action against any person that's indulged in criminal activities subject matter to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-subject duties during the interim period. Read more
Therefore, this petition is found to become not maintainable and is dismissed along with the pending application(s), and the petitioners may perhaps search for remedies through the civil court process as discussed supra. Read more
Most of the volumes (which include more recent volumes than the library's holdings) can also be offered online through the Caselaw Access Project.
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Some bodies are given statutory powers to issue advice with persuasive authority or similar statutory effect, like the Highway Code.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Touching on the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition could be dismissed. This is because service on the grievance notice is really a mandatory requirement as well as a precondition for filing a grievance petition. The legislation calls for that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. If the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
Under Article 199, the court possesses the authority to review government policies for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. For that reason, this petition is admissible based on proven court precedents, as well as respondents' objections are overruled. 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 to your appellate court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely founded now that the provision for proforma promotion is just not alien or unfamiliar towards the civil servant service composition but it is already embedded in Fundamental Rule seventeen, wherein it's lucidly enumerated that the appointing authority may if glad that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to your Federation/ province within the higher post, direct that these types of civil servant shall be paid the arrears of pay out and here allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 usually a very well-established proposition of law 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within 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 the charge, however, that is subject towards the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings about the evidence.