However, the above mentioned observation is without prejudice towards the legal rights with the parties, arising out in the over marriage on the few, if any, pending before the competent court of legislation. Read more
Article 199 with the Constitution allows High Court intervention only when "no other sufficient remedy is provided by legislation." It is very well-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
If your DIGP finds evidence of a cognizable offense by either party, he shall direct the relevant SHO to record statements and continue according to your legislation. This petition stands disposed of in the above terms. Read more
Should the employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not experienced a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only finished In case the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence along with the petitioner company responded towards the allegations therefore they were perfectly mindful of the allegations and led the evidence as a result this point is ofno use to be seemed into in constitutional jurisdiction at this stage. Read more
This is because transfer orders are typically regarded as within the administrative discretion in the employer. However, there could possibly be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the right forum. Read more
The proposal appears to be reasonable and acceded to. In the meantime police shall remain neutral in the private dispute between the parties, however, if any in the individuals is indulged in criminal action the police shall choose prompt action against them under law. five. The instant petition is disposed of in the above mentioned terms. Read more
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year previous boy from his home to protect him from the horrible physical and sexual abuse he experienced endured in his home, and also to prevent him from abusing other children within the home. The boy was placed within an emergency foster home, and was later shifted all around within the foster care system.
However it is made distinct that police is free to get action against any person that is indulged in criminal activities matter to legislation. However no harassment shall be caused to your petitioner, if she acts within the bonds of law. Police shall also ensure regard of the family get rid of in accordance with legislation and if they have reasonable ground to prevent the congnizable offence they are able to act, as far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate as being a issue of security of your house is concerned, which will not be public place under the Act 1977. nine. Thinking of the aforementioned details, the objective of filing this petition has been realized. Therefore, this petition is hereby disposed of from the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
On June sixteen, 1999, a lawsuit was filed on behalf of your boy by a guardian advertisement litem, against DCFS, the social worker, along with the therapist. A similar lawsuit was also filed on behalf from the Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for any dismissal based on absolute immunity, because they were all performing in their Positions with DCFS.
This Court may interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved from the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever reached, the Court could interfere with the conclusion or the finding and mould the relief to really make it correct towards the facts of each case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. Around the aforesaid proposition, we've been fortified because of the decision in the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to be scrupulously fair to your offender as well as Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the topic of adverse comments from this Court along with from other courts However they have didn't have any corrective effect on it.
10. Based to the findings from the inquiry committee, this petition isn't considered maintainable which is therefore liable to be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Generally, only an appeal accepted from the court of very last resort will resolve this sort of differences and, For several reasons, this kind of appeals are often not more info granted.
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 for the main case, It is additionally a 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in 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 on the charge, however, that is subject matter into the procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.