Article 199 of your Constitution allows High Court intervention only when "no other enough remedy is provided by law." It truly is effectively-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Whilst the punishment could be severe, its purpose isn't solely to seek vengeance but to deter opportunity offenders and copyright the principles of justice and social order.
This Court may interfere where the authority held the proceedings against the delinquent officer in the fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding achieved by the disciplinary authority is based on no evidence. Should the conclusion or finding is including no reasonable person would have ever achieved, the Court may perhaps interfere with the conclusion or the finding and mould the relief to make it acceptable to the facts of every 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-value the evidence or even the nature of punishment. To the aforesaid proposition, we have been fortified from the decision on the Supreme Court during 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(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Information on accessing opinions and case-related documents with the Supreme Court with the United States is available over the court’s website.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the subject issue, we've been on the view that the claim in the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle is not legally audio, In addition to promotion and seniority, not absolute rights, These are topic to rules and regulations Should the recruitment rules of the subject post allow the case on the petitioners for promotion may be deemed, however, we've been obvious inside our point of view that contractual service cannot be deemed for seniority and promotion given that the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Exercise, subject matter to availability of vacancy topic to your approval from the competent authority.
With the foregoing reasons the moment suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
73 . 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 Pertaining to the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition is often dismissed. This is because service of the grievance notice can be a mandatory need plus a precondition for filing a grievance petition. The regulation calls for that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. If your employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
The issue Here's that an accused may possibly say that they intended to injure the target, but they did not plan to get rid of them. In other words, they might claim that thedeath that resulted due to accused’s attack was neither foreseeable nor supposed.
thirteen. The Supreme Court has held that the moment the act of misconduct is founded along with the employee is found guilty after because of process of regulation, it's the prerogative with the employer to decide the quantum of punishment, from the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness in the act of misconduct is not ample however the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful manner. Read more
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when The fundamental norm underlying a Constitution disappears and a new system is place in its place.
Alternative Punishment: In a few cases, the court might have the discretion to award life imprisonment being an alternative for the death penalty. Life imprisonment entails the offender spending the remainder of their life powering bars without the possibility of parole or early release.
3. Rule of Regulation: The court reiterated the importance of upholding the rule of regulation and making certain that all institutions function within their constitutional mandates.
In order to preserve a uniform enforcement of your laws, the legal system adheres to read more the doctrine of stare decisis
The residents argued that the high-voltage grid station would pose a health risk and likely hazard to local residents. In the end, the court determined the scientific evidence inconclusive, whilst observing the general development supports that electromagnetic fields have detrimental effects on human health. The Court accepted the petitioner’s argument that it should adopt the precautionary principle set out from the 1992 Rio Declaration within the Environment and Development, the first international instrument that linked environment protection with human rights, whereby The dearth of full scientific certainty should not be used like a reason to prevent environmental degradation.