Since the Supreme Court will be the final arbitrator of all cases where the decision continues to be achieved, therefore the decision of the Supreme Court needs to be taken care of as directed in terms of Article 187(2) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is often a free and democratic state, and once a person becomes a major he or she can marry whosoever he/she likes; In the event the parents from the boy or Female tend not to approve of these kinds of inter-caste or interreligious marriage the utmost they will do if they might Lower off social relations with the son or even the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who's major undergoes inter-caste or inter-religious marriage with a woman or male that is a major, the pair is neither harassed by any one nor subjected to threats or acts of violence and anybody who provides such threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to undertaking by instituting criminal proceedings through the police against these kinds of persons and further stern action is taken against these person(s) as provided by legislation.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release being a legally recognized conviction. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not implement, given that the criminal Court hasn't convicted the petitioner, instead he continues to be acquitted of your criminal charges based on evidence and it can be properly-settled law that once the civil servant is acquitted in the criminal case, then on this very charge he cannot be awarded in almost any punishment via the department and held him disqualified for your post because acquittal for all potential purposes. The aforesaid proposition has become set at naught with the Supreme Court of Pakistan within the case in the District Police Officer Mainwali and a couple of others here v.
However it really is made apparent that police is free to just take action against any person who is indulged in criminal activities subject to regulation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of regulation. Police shall also make sure regard in the family lose in accordance with law and whenever 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 protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate for a issue of security from the house is concerned, which is not really public place under the Act 1977. 9. Thinking about the aforementioned details, the objective of filing this petition has long been achieved. For that reason, this petition is hereby disposed of in the terms stated previously mentioned. Read more
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In federal or multi-jurisdictional law systems there may well exist conflicts between the different reduce appellate courts. Sometimes these differences might not be resolved, and it could be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
ten. Without touching the merits of the case on the issue of annual increases within the pensionary emoluments in the petitioner, in terms of policy decision on the provincial government, this kind of annual increase, if permissible in the case of employees of KMC, demands further assessment to generally be made through the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
139 . 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 can be dismissed. This is because service from the grievance notice is actually a mandatory prerequisite in addition to a precondition for filing a grievance petition. The legislation needs that a grievance notice be served on 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 reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the regulation laid down from the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority with the parent department of the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay back the pension amount and other ancillary benefits into the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority with the respondent is also directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
ten. Based around the findings with the inquiry committee, this petition is just not deemed maintainable and is therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Ordinarily, only an appeal accepted because of the court of previous resort will resolve these differences and, For most reasons, such appeals will often be not granted.
The learned Tribunal shall decide the case on merits, without being influenced through the findings in the Impugned order, after recording of evidence on the respective parties. Read more