These provisions apply to cases where evidence was recorded after the QSO's enforcement, even if the transaction occurred previous to its promulgation. Read more
A reduce court may well not rule against a binding precedent, although it feels that it is actually unjust; it may only express the hope that a higher court or perhaps the legislature will reform the rule in question. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the regulation evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow for a judge to recommend that an appeal be carried out.
Since the Supreme Court is the final arbitrator of all cases where the decision has actually been arrived at, therefore the decision on the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
When the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't had a possibility 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 will likely be only performed When the employee can show that they'd a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to lead evidence and also the petitioner company responded into the allegations as a result they were perfectly aware of the allegations and led the evidence therefore this point is ofno use to get seemed into in constitutional jurisdiction at this stage. Read more
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed to your disposal of the moment petition within the premise that the DIGP Malir will listen to the petitioner in addition to private respondents and will take care of every one of the components of the case and guarantee that no harassment shall be caused to both the parties.
However it's made apparent that police is free to take action against any person that is indulged in criminal activities subject to regulation. However no harassment shall be caused on the petitioner, if she acts within the bonds of law. Police shall also ensure respect with the family lose in accordance with legislation and should they have reasonable ground to prevent the congnizable offence they will act, so far as raiding the house is concerned the police shall safe concrete evidence and acquire necessary permission from the concerned high police official/Magistrate like a issue of security of your house is concerned, which just isn't public place under the Act 1977. nine. Looking at the aforementioned details, the objective of filing this petition continues to be accomplished. For that reason, this petition is hereby disposed of in the terms stated previously mentioned. Read more
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S. Supreme Court. Generally speaking, proper case citation includes the names in the parties to the initial case, the court in which the case was heard, the date it had been decided, and the book in which it's recorded. Different citation requirements may possibly include italicized or underlined text, and certain specific abbreviations.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, Additionally it is a properly-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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence inside the Stricto-Sensu, use 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 in the charge, however, that is subject matter to your procedure provided under the relevant rules rather than otherwise, to the 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 to the evidence.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding arrived at from the disciplinary authority is based on check here no evidence. Should the conclusion or finding is including no reasonable person would have ever achieved, the Court might interfere with the conclusion or the finding and mildew the relief to make it acceptable for the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or even the nature of punishment. Over the aforesaid proposition, we have been fortified with the decision with the Supreme Court while in 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of the legislation laid down from the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority from the parent department of the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay back the pension amount and other ancillary benefits to the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority of your respondent can also be directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
ten. Based to the findings with the inquiry committee, this petition is not considered maintainable and it is therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Ordinarily, only an appeal accepted by the court of final resort will resolve this kind of differences and, For several reasons, these kinds of appeals are sometimes not granted.
The uncovered Tribunal shall decide the case on merits, without being influenced via the findings within the Impugned order, after recording of evidence on the respective parties. Read more