Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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Some pluralist systems, including Scots legislation in Scotland and types of civil legislation jurisdictions in Quebec and Louisiana, never exactly healthy into the dual common-civil regulation system classifications. These types of systems could have been greatly influenced with the Anglo-American common regulation tradition; however, their substantive regulation is firmly rooted inside the civil legislation tradition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is often a free and democratic region, and once a person becomes a major she or he can marry whosoever he/she likes; In case the parents of the boy or Female never approve of this sort of inter-caste or interreligious marriage the most they can do if they're able to Slash off social relations with the son or even the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or man who's a major, the pair is neither harassed by everyone nor subjected to threats or acts of violence and anyone who provides these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to job by instituting criminal proceedings via the police against these persons and further stern action is taken against this sort of person(s) as provided by law.
In case the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't had a possibility to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only done In case the employee can show that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to guide evidence plus the petitioner company responded into the allegations as a result they were perfectly mindful of the allegations and led the evidence therefore this point is ofno use to become seemed into in constitutional jurisdiction at this stage. Read more
This is because transfer orders are typically thought of within the administrative discretion in the employer. However, there might be exceptions in cases where the transfer is inspired by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the right forum. Read more
Generally speaking, higher courts don't have direct oversight over the decrease courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments of the reduce courts.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based over the same factual grounds. While a writ under Article 199 is out there in specific limited situations, it can be generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-analyze witnesses and present his/her defense but did not persuade the department of his/her innocence.
The court system is then tasked with interpreting the regulation when it's unclear the way it applies to any given situation, typically rendering judgments based around the intent of lawmakers and the circumstances of your case at hand. These decisions become a guide for long term similar cases.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's well-settled that when thinking of the case of standard promotion of civil servants, the competent authority has got to think about the merit of many of the qualified candidates and after due deliberations, to grant promotion to these types of qualified candidates who are found to get most meritorious among them. Since the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was dismissed by the respondent department just to increase favor towards the blue-eyed candidate based on OPS, which is apathy to the part with the respondent department.
12. There is no denial from the fact that in Government service it is predicted that the persons obtaining their character over board, free from any moral stigma, are to be inducted. Verification of character and antecedents is actually a condition precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to perform away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits can be withheld on account with the allegations leveled against the petitioner, in our view, section twenty in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does deliver for certain circumstances under which a civil servant's pension could be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension could possibly be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In a few cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set by the government.
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eight. get more info With the reasons stated higher than, this court finds the petition to be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend during the comments, and their request is Therefore acceded to. All pending applications, if any, may also be dismissed. Read more
The learned Tribunal shall decide the case on merits, without being influenced with the findings from the Impugned order, after recording of evidence of the respective parties. Read more