case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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In the event the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't experienced a chance to respond to the grievance and attempt to resolve it. In a few cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only completed In the event the employee can show that they'd a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence and the petitioner company responded to the allegations as a result they were perfectly conscious of the allegations and led the evidence therefore this point is ofno use for being appeared 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
For legal professionals, there are specific rules regarding case citation, which fluctuate depending over the court and jurisdiction hearing the case. Proper case regulation citation within a state court might not be appropriate, or simply accepted, in the U.
Since the Supreme Court could be the final arbitrator of all cases where the decision has long been reached, therefore the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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This Court could interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at because of the disciplinary authority is based on no evidence. In case the conclusion or finding is like no reasonable person would have ever arrived at, the Court may well interfere with the summary or even the finding and mould the relief to make it suitable into the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we've been fortified with the decision from the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Most of the volumes (together with more recent volumes than the library's holdings) are also obtainable online through the Caselaw Access Project.
Law professors traditionally have played a much scaled-down role in creating case regulation in common law than professors in civil law. Because court decisions in civil regulation traditions are historically brief[4] and never formally amenable to establishing precedent, much from the exposition in the law in civil regulation traditions is done by teachers somewhat than by judges; this is called doctrine and may be published in treatises or in journals like Recueil Dalloz in France. Historically, common law courts relied tiny on legal scholarship; So, at the turn of the twentieth century, it absolutely was really unusual to find out an instructional writer quoted inside a legal decision (besides Maybe for the tutorial writings of popular judges such as Coke and Blackstone).
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 possessing their character previously mentioned board, free from any moral stigma, are to get inducted. Verification of character and antecedents is usually 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 into a 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 carry out absent with the candidature with the petitioner. 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 to the main case, It's also a perfectly-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 reach 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 from the Stricto-Sensu, utilize 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 with the charge, however, that is topic for the procedure check here provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.
Article 27 on the Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment too. The disparity during the pay scale allowances of Stenographers within the District Judiciary is while in the crystal clear negation of the regulation laid down by the Supreme Court in its different pronouncements. 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 can be withheld on account from the allegations leveled against the petitioner, within our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension might 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 serious crime, their pension might be withheld or reduced. In certain cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set with the government.
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Given that the Supreme Court is definitely the final arbitrator of all cases where the decision has long been reached, therefore the decision of the Supreme Court needs to get taken care of as directed in terms of Article 187(two) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. 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