The Basic Principles Of latest case laws on crpc
The Basic Principles Of latest case laws on crpc
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Should the employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't had a chance to respond to 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 will likely be only finished 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 guide evidence along with the petitioner company responded for the allegations therefore they were properly aware about the allegations and led the evidence therefore this point is ofno use for being 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
The main objectives of police is always to apprehend offenders, investigate crimes, and prosecute them before the cours also to prevent to commission of crime, and higher than all make certain regulation and order to protect citizen???s life and property. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 legislation enjoins the police for being scrupulously fair towards the offender and the Magistracy is to ensure 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 regulation and order situation have been the topic of adverse comments from this Court in addition to from other courts Nonetheless 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.
The ruling with the first court created case law that must be accompanied by other courts till or unless possibly new law is created, or maybe a higher court rules differently.
13. The Supreme Court has held that once the act of misconduct is founded along with the employee is found guilty after owing process of legislation, it is the prerogative from the employer to decide the quantum of punishment, away from the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness of the act of misconduct isn't suitable nevertheless the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful way. Read more
Many of the volumes (like more recent volumes than the library's holdings) are also obtainable online through the Caselaw Access Project.
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 inside of a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring about exoneration from departmental charges based around the same factual grounds. Although a writ under Article 199 is obtainable 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 possibility to cross-analyze witnesses and present his/her defense but didn't encourage the department of his/her innocence.
The law as proven in previous court rulings; like common law, which springs from judicial decisions and tradition.
Only the written opinions with the Supreme Court as well as Court of Appeals are routinely readily available. Decisions from the decreased (trial) courts aren't generally published or dispersed.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained because of the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever attained, the Court may well interfere with the summary or the finding and mold the relief to make it suitable on the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. About the aforesaid proposition, we've been fortified by the decision of 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
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 possibly be withheld on account in the allegations leveled against the petitioner, within 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 present for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension can be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established from the government.
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171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is well established now that the provision for proforma promotion isn't alien or unfamiliar into the civil servant service framework however it is already embedded in Fundamental Rule seventeen, wherein it is lucidly enumerated that the appointing authority get more info might if pleased that a civil servant who was entitled to be promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The acquired Tribunal shall decide the case on merits, without being influenced by the findings inside the Impugned order, after recording of evidence with the respective parties. Read more