The best Side of pld case laws
The best Side of pld case laws
Blog Article
Should the employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not had a possibility to answer the grievance and attempt to resolve it. In some cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is normally only carried out 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 lead evidence and the petitioner company responded to your allegations as a result they were nicely aware about the allegations and led the evidence as such this point is ofno use being seemed 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
The main objectives of police is always to apprehend offenders, look into crimes, and prosecute them before the cours also to prevent to commission of crime, and above all guarantee legislation and order to protect citizen???s life and property. Read more
Today educational writers tend to be cited in legal argument and decisions as persuasive authority; usually, They may be cited when judges are attempting to implement reasoning that other courts have not still adopted, or when the judge thinks the tutorial's restatement with the legislation is more powerful than may be found in case law. So common legislation systems are adopting one of several methods very long-held in civil law jurisdictions.
The a good amount 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. However it can be made very clear that police is free to take action against any person who is indulged in criminal activities subject matter to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-area duties while in the interim period. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not use, since the criminal Court hasn't convicted the petitioner, somewhat he continues to be acquitted of the criminal charges based on evidence and it is nicely-settled law that once the civil servant is acquitted in the criminal case, then on this very charge he cannot be awarded in any punishment through the department and held him disqualified for your post because acquittal for all future purposes. The aforesaid proposition continues to be established at naught via the Supreme Court of Pakistan during the case of the District Police Officer Mainwali and a pair of others v.
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 your Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
The Roes accompanied the boy to his therapy sessions. When they were informed on the boy’s past, they asked if their children were safe with him in their home. The therapist confident them that that they had very little to worry about.
The regulation as set up in previous court rulings; like common law, which springs from judicial decisions and tradition.
In some jurisdictions, case regulation is often applied to ongoing adjudication; for example, criminal proceedings or family regulation.
Article 199 with the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It is very well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance of your respondents that pensionary benefits may very well be withheld on account on the allegations leveled against the petitioner, in our view, section 20 with here the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension can be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension might be withheld or reduced. If a civil servant is convicted of a significant crime, their pension might be withheld or reduced. In certain cases, a civil servant's pension may very well be withheld or reduced if he/she fails to comply with certain conditions established because of the government.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information for being gathered via the parties – specifically regarding the issue of absolute immunity.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion will be the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular duration of service for becoming entitled to generally be regarded for promotion to some higher quality, of course, will not be without logic as being the officer who is in the beginning inducted into a particular post needs to serve over the stated post to gain experience to hold the next higher post also to provide the public in the befitting method.
Therefore, this petition is found to get not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners may perhaps seek out remedies through the civil court process as discussed supra. Read more