Not known Facts About bail case law on sec 337 a ii ppc
Not known Facts About bail case law on sec 337 a ii ppc
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Should the employee fails to serve a grievance notice, the NIRC may 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 certain cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only finished Should the employee can show that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence along with the petitioner company responded on the allegations therefore they were effectively aware about the allegations and led the evidence as such this point is ofno use being seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
It is additionally important to note that granting of seniority to the civil servant without the actual length of service practically violates your entire service structure as being a civil servant inducted in Quality seventeen by claiming this sort of benefit without any experience be directly posted in any higher grade, which is neither the intention with the legislation nor with the equity. Read more
What's more, it addresses the limitation period under Article ninety one and a hundred and twenty of your Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
This ruling has conditions, and since the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. 9. In view of the above facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
This Court may well 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 summary or finding reached by the disciplinary authority is based on no evidence. If your summary or finding is such as no reasonable person would have ever arrived at, the Court may interfere with the conclusion or the finding and mold the relief to make it proper on the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely 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. On the aforesaid proposition, we've been fortified because of the decision of your Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Whilst there is not any prohibition against referring to case law from a state other than the state in which the case is being listened to, it holds minimal sway. Still, if there isn't any precedent in the home state, relevant case legislation from another state can be viewed as through the court.
Summaries offer a concise insight into the realm of dispute resolution outdoors traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts swiftly and effectively.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it truly is convenient for your Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to eliminate a case on advantage and more importantly when after recording of evidence it's got achieved to the stage of final arguments, endeavors should be made for benefit disposal when it's got reached this kind of stage. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely-settled that though thinking of the case of regular promotion of civil servants, the competent authority should look at the merit of the many qualified candidates and after due deliberations, to grant promotion to these kinds of eligible candidates who will be found for being most meritorious amongst them. For the reason that petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was ignored because of the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy around the part of your respondent department.
139 . 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 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition may be dismissed. This is because service in the grievance notice is actually a mandatory prerequisite and also a precondition for filing a grievance petition. The regulation involves that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to respond to the website grievance and attempt to resolve it amicably. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be very well-settled that the civil servants must first go after internal appeals within ninety times. If your appeal is just not decided within that timeframe, he/she will then solution the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety times with the department to act has already expired. Around the aforesaid proposition, we're guided from the decision with the Supreme Court while in the case of Dr.
Statutory laws are People created by legislative bodies, for instance Congress at both the federal and state levels. Though this kind of law strives to shape our society, giving rules and guidelines, it would be unachievable for any legislative body to anticipate all situations and legal issues.
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The learned Tribunal shall decide the case on merits, without being influenced because of the findings while in the Impugned order, after recording of evidence from the respective parties. Read more