The Basic Principles Of latest case laws on crpc
The Basic Principles Of latest case laws on crpc
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In the event the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not had 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 incorporate the grievance notice. However, this is usually only completed In case the employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence plus the petitioner company responded to the allegations therefore they were well conscious of the allegations and led the evidence as a result this point is ofno use to generally be seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police being scrupulously fair towards the offender plus the Magistracy is to make sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the topic of adverse comments from this Court as well as from other courts Nevertheless they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
In the event the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had an opportunity to reply to 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 generally only completed When the employee can show that that they had 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 your allegations as a result they were nicely aware of the allegations and led the evidence therefore this point is ofno use being seemed into in constitutional jurisdiction at this stage. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 on the Constitution based around 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 from the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it requires legal transfer of title. Agreement to sell must be generated and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
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Only the written opinions from the Supreme Court and the Court of Appeals are routinely accessible. Decisions in the lower (trial) courts are certainly not generally published or dispersed.
This Court might 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 mode of inquiry or where the conclusion or finding reached from the disciplinary authority is based on no evidence. If the conclusion or finding is for instance no reasonable person would have ever arrived at, the Court might interfere with the conclusion or even the finding and mould the relief to really make it ideal to your facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. Within the aforesaid proposition, we have been fortified because of the decision with the Supreme Court from 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(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Federalism also plays a major role in determining the authority of case regulation in a very particular court. Indeed, Every single circuit has its very own list of binding case law. As a result, a judgment rendered inside the Ninth Circuit will not be binding from the Second Circuit but will have persuasive authority.
Any court might search for to distinguish the present case from that of a binding precedent, to succeed in a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to the higher 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 perfectly founded now that the provision for proforma promotion is not alien or unfamiliar on the civil servant service framework however it is already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority may well if pleased that a civil servant who was entitled for being promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to the Federation/ province within the higher post, direct that this kind of civil servant shall be paid the arrears of spend and allowances of this kind of 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(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and here Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, It is usually a well-set up proposition of legislation 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 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, implement 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 matter to your procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings over the evidence.