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93 . 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 perfectly-established 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 achieve 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 inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter for the procedure provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings over the evidence.
four. It's been noticed by this Court that there can be a delay of one day while in the registration of FIR which has not been explained via the complainant. Moreover, there isn't any eye-witness in the alleged occurrence and also the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners has long been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram occurred being the real brothers in the deceased but they didn't react in any way to the confessional statements in the petitioners and calmly saw them leaving, just one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi get more info was arrested on 14.02.2018 and there isn't any explanation regarding why her arrest was not effected after making on the alleged extra judicial confession. It's been held on numerous instances that extra judicial confession of an accused is a weak form of evidence which may very well be manoeuvred through the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is also counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word as to presence of some light with the place, where they allegedly observed the petitioners with each other on the motorcycle at four.
maintaining the conviction awarded on the appellant reduce the sentence on the appellant from imprisonment for life to 1 already undergone(Pakistan Penal Code)
Make use of the PACER Case Locator if You aren't confident which specific federal court the case was filed. You might also conduct nationwide searches to determine whether or not a party is involved in the federal case. This database updates at midnight every single day.
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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 Referring to the second issue of non-service of grievance notice. Under Section 33 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition could be dismissed. This is because service with the grievance notice can be a mandatory requirement plus a precondition for filing a grievance petition. The legislation needs that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. When the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
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Usually, only an appeal accepted via the court of past vacation resort will resolve such differences and, for many reasons, this kind of appeals are often not granted.
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Finally, a significant contribution of this case which was accepted for consideration by the Court under Article 184 (3), has long been setting a precedent which allows for much less complicated access towards the public to strategy the superior courts and the subordinate courts on environment related issues.
Generally speaking, higher courts do not have direct oversight over the reduced courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments with the reduced courts.
The latest amendment to this section signifies the legislature’s dedication to enhancing the effectiveness of your law in tackling contemporary challenges related to counterfeiting.
Stacy, a tenant in the duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he experienced not specified her plenty of notice before raising her rent, citing a whole new state legislation that demands a minimum of ninety days’ notice. Martin argues that The brand new legislation applies only to landlords of large multi-tenant properties.