case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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As being the Supreme Court would be the final arbitrator of all cases where the decision is reached, therefore the decision on the Supreme Court needs for being 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
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a good amount of this power casts an obligation around 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. Read more
In that sense, case regulation differs from a single jurisdiction to another. For example, a case in Big apple would not be decided using case regulation from California. Rather, New York courts will evaluate the issue depending on binding precedent . If no previous decisions over the issue exist, The big apple courts could possibly evaluate precedents from a different jurisdiction, that would be persuasive authority instead than binding authority. Other factors such as how aged the decision is plus the closeness for the facts will affect the authority of a specific case in common regulation.
If your employee fails to serve a grievance notice, the NIRC may 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 might allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only completed In case the employee can show that they'd a good reason for not serving the grievance notice. During the present case, the parties were allowed to lead evidence as well as the petitioner company responded on the allegations as a result they were perfectly aware of the allegations and led the evidence as a result this point is ofno use being appeared 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 moment Petition under Article 199 of your Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
However it's made crystal clear that police is free to take action against any person that is indulged in criminal activities issue to law. However no harassment shall be caused for the petitioner, if she acts within the bonds of regulation. Police shall also make certain regard of the family drop in accordance with regulation and when they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate to be a issue of security with the house is concerned, which will not be public place under the Act 1977. 9. Thinking about the aforementioned details, the objective of filing this petition has long been accomplished. For that reason, this petition is hereby disposed of in the terms stated previously mentioned. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically lead to exoneration from departmental charges based over the same factual grounds. Whilst a writ under Article 199 is offered in specific limited situations, it really is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-examine witnesses and present his/her defense but did not encourage the department of his/her innocence.
In federal or multi-jurisdictional legislation systems there may possibly exist conflicts between the various reduced appellate courts. Sometimes these differences will not be resolved, and it could be necessary to distinguish how the legislation is applied in one district, province, division or appellate department.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It's also a nicely-established proposition of regulation 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in 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 of your charge, however, that is matter for the procedure provided under the check here 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-recognize the evidence and to arrive at its independent findings about the evidence.
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 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition is often dismissed. This is because service with the grievance notice is usually a mandatory requirement and a precondition for filing a grievance petition. The law involves that a grievance notice be served on 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 respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In case the organization is transprovincial.
Under Article 199, the court possesses the authority to review government procedures for reasonableness if applicable in respondent university and to safeguard aggrieved parties' rights. Therefore, this petition is admissible based on proven court precedents, and also the respondents' objections are overruled. Read more
Summaries of cases that condition the lives of young individuals, making sure a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and lovers alike.
8. For the reasons stated earlier mentioned, this court finds the petition being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend in the comments, and their request is So acceded to. All pending applications, if any, may also be dismissed. Read more
Criminal cases In the common regulation tradition, courts decide the legislation applicable to a case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Compared with most civil legislation systems, common law systems Adhere to the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all reduce courts should make decisions reliable with the previous decisions of higher courts.