However, in an effort to strike a balance between the rights of citizens and the plans that are executed from the authorities to the welfare, economic progress and prosperity from the region, the Court did not produce a definitive ruling around the pending construction from the grid station, but, with the consent of both parties, ordered a review and report of grid project from the National Engineering Services of Pakistan (NESPAK) to advise alterations and location alternatives.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, it is also a nicely-set up 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 during the Stricto-Sensu, apply 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 of your charge, however, that is issue into the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings within the evidence.
Like a society, it is essential to continue striving to get a just legal system that ensures fairness, protection, and regard for all individuals’ right to life.
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Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as combined systems of law.
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73 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan more info 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 of your Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition is often dismissed. This is because service of the grievance notice is actually a mandatory prerequisite along with a precondition for filing a grievance petition. The legislation needs that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to respond to the 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.
Any court may possibly seek to distinguish the present case from that of a binding precedent, to achieve a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to a higher court.
thirteen. The Supreme Court has held that once the act of misconduct is founded and the employee is found guilty after because of process of law, it's the prerogative of the employer to decide the quantum of punishment, out of the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness of the act of misconduct isn't adequate nevertheless the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful manner. Read more
Therefore, this petition is found to generally be not maintainable and is also dismissed along with the pending application(s), along with the petitioners may look for remedies through the civil court process as discussed supra. Read more
The death penalty, also known as capital punishment, will be the most severe form of punishment for murder under Section 302. It requires the execution with the convicted person as a consequence of their crime.
In order to prove murder, there must be an intention to cause the death of that person along with the action of actually injuring them – and that injury subsequently leading to and causing the death of that person.
A coalition of residents sent a letter of petition into the Supreme Court to challenge the Water and Power Enhancement Authority’s (WAPDA) construction of an electricity grid station in their community, on designated “green belt” property. The Court heard the matter being a human rights case, as Article 184 (3) on the Pakistan Constitution presents original jurisdiction for the Supreme Court to choose up and determine any matter concerning the enforcement of fundamental rights of public importance.
P.C. for grant of post arrest bail should also be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are entirely different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held through the august Supreme Court of Pakistan as under:--