5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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III) During the version from the father of deceased namely Muhammad Iqbal (complainant of second Edition) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed for the petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It is usually a very well-proven 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 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, implement 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 on the charge, however, that is subject into the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings on the evidence.
Therefore, this petition is found for being not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners may perhaps search for remedies through the civil court process as discussed supra. Read more
Some bodies are offered statutory powers to issue steerage with persuasive authority or similar statutory effect, like the Highway Code.
The reported recovery might be used, within the most, for corroboration on the main evidence, but by itself it cannot become a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The claimed memo of pointation is irrelevant and inadmissible as nothing at all was discovered on account of such pointation. The place of incidence and also the place of throwing the dead body were already from the knowledge of witnesses before their pointation because of the petitioners. Reliance is also placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held via the august Supreme Court of Pakistan as under:
The presiding judge emphasised the need to address the evolving techniques utilized by counterfeiters, noting that the amendment’s inclusion of technological elements allows for any more complete legal reaction.
seventy three . 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 Relating the second issue of non-service of grievance notice. Under Section 33 of your Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition may be dismissed. This is because service on the grievance notice is a mandatory prerequisite along with a precondition for filing a grievance petition. The legislation needs that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. If your employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
Some pluralist systems, for example Scots regulation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, do not specifically match into the dual common-civil law system classifications. These types of systems could have been intensely influenced with the Anglo-American common law tradition; however, their substantive law is firmly rooted while in the civil legislation tradition.
13. The Supreme Court has held that when the act of misconduct is established as well as the employee is found guilty after due process of law, it is the prerogative with the employer to decide the quantum of punishment, away from the various penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness of the act of misconduct will not be adequate though the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful fashion. Read more
While quite a few websites offer free case law, not all are equally reliable. It’s important to evaluate the credibility with the source before depending on the information.
How much sway case legislation holds may possibly fluctuate by jurisdiction, and by the exact circumstances on the current case. To explore this concept, think about the following case law definition.
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Unless of course case is experimented with(Bail Matters)
If the employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not had an opportunity to answer the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the check here grievance petilion to include the grievance notice. However, this is often only completed In case the employee can show that they'd a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence and also the petitioner company responded to the allegations as such they were well mindful of the allegations and led the evidence as a result this point is ofno use to get looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
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