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How much sway case law holds might fluctuate by jurisdiction, and by the exact circumstances on the current case. To examine this concept, think about the following case legislation definition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 usually a free and democratic state, and once a person becomes a major she or he can marry whosoever he/she likes; Should the parents with the boy or Woman tend not to approve of this kind of inter-caste or interreligious marriage the most they will do if they are able to Slice off social relations with the son or maybe the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort 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 any individual nor subjected to threats or acts of violence and anyone who presents this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to endeavor by instituting criminal proceedings through the police against such persons and further stern action is taken against these kinds of person(s) as provided by law.
If your employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't experienced a chance to answer 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 is generally only performed Should 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 steer evidence as well as the petitioner company responded to your allegations therefore they were nicely aware about the allegations and led the evidence as such this point is ofno use for being looked into in constitutional jurisdiction at this stage. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 on the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Generally speaking, higher courts tend not to have direct oversight over the lower courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments of your lessen courts.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based over the same factual grounds. Although a writ under Article 199 is available in specific limited situations, it's generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-analyze witnesses and present his/her defense but did not influence the department of his/her innocence.
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 is easy to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to get rid of a case on advantage and more importantly when after recording of evidence it has attained to the stage of final arguments, endeavors should be made for merit disposal when it's reached this sort of stage. Read more
The DCFS social worker in charge on the boy’s case experienced the boy made a ward of DCFS, and in her six-month report to the court, the worker elaborated to the boy’s sexual abuse history, and stated get more info that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
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The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation around the police, they usually must bear in mind, as held by this Court from time to time in its numerous pronouncemnts, that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and not abduct. Read more
ten. Based about the findings in the inquiry committee, this petition just isn't thought of maintainable and it is therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as mixed systems of regulation.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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's also a very well-set up 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion 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 the procedure provided under the relevant rules and never otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings to the evidence.