Facts About case law on status quo on transfer of legal shares Revealed
Facts About case law on status quo on transfer of legal shares Revealed
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Should the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not had a possibility to respond to the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only performed In the event 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 plus the petitioner company responded to the allegations as a result they were perfectly conscious of the allegations and led the evidence therefore this point is ofno use to become 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-twenty five Approved for Reporting WhatsApp
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The lots of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. Read more
Stacy, a tenant inside of a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not specified her sufficient notice before raising her rent, citing a different state regulation that demands a minimum of ninety days’ notice. Martin argues that the new law applies only to landlords of large multi-tenant properties.
The plenty of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it truly is made distinct that police is free to just take action against any person who is indulged in criminal activities issue to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-area duties in the interim period. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not use, as being the criminal Court hasn't convicted the petitioner, alternatively he has been acquitted of the criminal charges based on evidence and it's nicely-settled law that once the civil servant is acquitted in the criminal case, then on this extremely charge he cannot be awarded in almost any punishment by the department and held him disqualified for that post because acquittal for all future purposes. The aforesaid proposition is established at naught because of the Supreme Court of Pakistan during the case from the District Police Officer Mainwali and a couple of others v.
Only a few years back, searching for case precedent was a complicated and time consuming activity, demanding persons to search through print copies of case law, or to buy access to commercial online databases. Today, the internet has opened up a bunch of case law search alternatives, and a lot of sources offer free access to case legislation.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice with the Peace u/s 22-A is not really obliged to afford an opportunity of hearing to the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is needed to consider all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be more info discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it can be handy for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to eliminate a case on merit and more importantly when after recording of evidence it has reached to your stage of final arguments, endeavors should be made for benefit disposal when it has arrived at this sort of stage. Read more
Some bodies are offered statutory powers to issue advice with persuasive authority or similar statutory effect, like the Highway Code.
This Court may interfere where the authority held the proceedings against the delinquent officer in the 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 reached 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 perhaps interfere with the summary or even the finding and mould the relief to really make it acceptable 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-value the evidence or the nature of punishment. Within the aforesaid proposition, we have been fortified through the decision in 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
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's effectively-settled that the civil servants must first go after internal appeals within 90 days. When the appeal is not decided within that timeframe, he/she can then method the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 days for your department to act has already expired. Over the aforesaid proposition, we have been guided because of the decision of your Supreme Court from the case of Dr.
10. Based over the findings of the inquiry committee, this petition is not really viewed as maintainable and is also therefore liable to be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have read the uncovered counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of the matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 handy over possession with the subjected premises to the petitioner; that Illegal Dispossession Case needs to be decided via the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court needs to see this component for interim custody of the topic premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. 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 Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, It is usually a nicely-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 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 in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic to your procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings over the evidence.