case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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Should the employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only completed When the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to lead evidence and the petitioner company responded into the allegations as a result they were very well aware of the allegations and led the evidence as such this point is ofno use for being 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 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
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fourteen. Within the light on the position explained previously mentioned, it truly is concluded that a civil servant has a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the duration of service or in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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2299 of 2025. The findings are pending finalization and will be submitted without delay. In addition they stated that directives for strict compliance have been issued to all Karachi models, with non-compliance dealing with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They're directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above terms. Read more
For your foregoing reasons the moment suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
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 in the Peace u/s 22-A just isn't obliged to afford an opportunity of hearing into the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is necessary to take into consideration all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more
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161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a properly-founded 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 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 during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter to your procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the click here evidence and to reach at its independent findings to the evidence.
Article 199 of the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It truly is perfectly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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If granted absolute immunity, the parties would not only be protected from liability from the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request to your appellate court.
Preceding four tax years interpreted. It's not at all from the date of finalisation of audit but from the tax year involved. Read more
The figured out Tribunal shall decide the case on merits, without being influenced by the findings inside the Impugned order, after recording of evidence with the respective parties. Read more