case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
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In the event the employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer hasn't had an opportunity to answer the grievance and attempt to resolve it. In a few cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only completed In case 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 steer evidence along with the petitioner company responded towards the allegations as a result they were properly aware of the allegations and led the evidence therefore this point is ofno use to be seemed 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
Article 199 with the Constitution allows High Court intervention only when "no other enough remedy is provided by regulation." It really is nicely-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 actually a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; When the parents from the boy or girl usually do not approve of these kinds of inter-caste or interreligious marriage the most they might do if they are able to Reduce off social relations with the son or perhaps the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who's major undergoes inter-caste or inter-religious marriage with a woman or male that is a major, the pair is neither harassed by anyone nor subjected to threats or acts of violence and anyone who provides these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to endeavor by instituting criminal proceedings via the police against these persons and further stern action is taken against these types of person(s) as provided by regulation.
The an abundance 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 for your crime, his constitutional and fundamental rights must not be violated. However it truly is made very clear that police is free to just take action against any person who's indulged in criminal activities topic to law. eight. 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 from the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
For that reason, the petition and any related applications are dismissed. The Petitioner has got to pursue his remedy through an appeal before the competent authority. If such an appeal has not nevertheless been decided, it should be addressed. Following that decision, the Petitioner may perhaps then request further recourse before the Service Tribunal. Read more
However it's made obvious that police is free to consider action against any person that is indulged in criminal activities subject to legislation. However no harassment shall be caused into the petitioner, if she acts within the bonds of legislation. Police shall also be certain respect on the family lose in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they're able to act, as far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate as being a issue of security on the house is concerned, which is not really public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition continues to be achieved. For that reason, this petition is hereby disposed of inside the terms stated above. Read more
During the United States, consumers are not required to hire an attorney to represent them in possibly civil or criminal matters. Laypeople navigating the legal system on their own can remember one particular rule of thumb when it concerns referring to case regulation or precedent in court documents: be as specific as feasible, leading the court, not only on the case, but to your section and paragraph containing the pertinent information.
The court system is then tasked with interpreting the legislation when it really is unclear how it relates to any presented situation, typically rendering judgments based within the intent of lawmakers as well as the circumstances from the case at hand. This sort of decisions become a guide for long term similar cases.
On June sixteen, 1999, a lawsuit was filed on behalf with the boy by a guardian advert litem, against DCFS, the social worker, as well as the therapist. A similar lawsuit was also filed on behalf with the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court for the dismissal based on absolute immunity, since they were all performing in their jobs with DCFS.
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 Pertaining to the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition might be dismissed. This is because service of your grievance notice is actually a mandatory prerequisite and also a precondition for filing a grievance petition. The legislation calls for that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. When the employer fails to respond 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.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance with the respondents that pensionary benefits could be withheld on account with the allegations leveled against the petitioner, in our view, section 20 on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does give for certain circumstances under which a civil servant's pension may very well be withheld or reduced. These include things like 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 may be withheld or reduced. In a few cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set because of the government.
In 1997, the boy was placed into the home of John and Jane Roe being a foster child. Even though the couple experienced two young children of their personal at home, the social worker did not inform them about the boy’s history of both being abused, and abusing other children. When she made her report to your court the following day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the pair had young children.
Generally, only an appeal accepted by the court of very last resort will resolve these types of differences and, For numerous reasons, these kinds of appeals are frequently not granted.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 into the main case, It is usually a nicely-proven 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 a website fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue to the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings over the evidence.