labor laws cases Can Be Fun For Anyone

labor laws cases Can Be Fun For Anyone

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Article 199 in the Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It is perfectly-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

Delay in recording confessional statement may not be treated fatal towards the case of prosecution(Murder Trial)

four.  It's been noticed by this Court that there can be a delay of at some point in the registration of FIR which hasn't been explained with the complainant. Moreover, there is not any eye-witness from the alleged prevalence along with the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners has 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 transpired to become the real brothers from the deceased but they didn't react in the least for the confessional statements of your petitioners and calmly observed them leaving, 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 seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is not any explanation as to why her arrest wasn't effected after making in the alleged extra judicial confession. It has been held on lots of occasions that extra judicial confession of an accused is usually a weak kind of evidence which can be manoeuvred from the prosecution in any case where direct connecting evidence does not arrive their way. The prosecution is likewise relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to existence of some light in the place, where they allegedly noticed the petitioners together over a motorcycle at four.

Generally, the burden rests with litigants to appeal rulings (together with These in very clear violation of proven case regulation) into the higher courts. If a judge acts against precedent, plus the case is not appealed, the decision will stand.

Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is expected that the persons obtaining their character over board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is usually a condition precedent for appointment into a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service could be the conviction on an offense involving moral turpitude check here but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do absent with the candidature of the petitioner. Read more

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 into the main case, Additionally it is 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 while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is issue into the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings about the evidence.

If a victim is shot at point-blank variety, it could still be fair to infer that the accused supposed death. However, that isn't always the case.

لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................

thirteen. The Supreme Court has held that when the act of misconduct is founded and also the employee is found guilty after thanks process of law, it is the prerogative from the employer to decide the quantum of punishment, from the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness of your act of misconduct isn't satisfactory even so the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful way. Read more

When the petitioner is solely present for the place of incidence without causing any injury for the deceased or PWs then in this sort of circumstances, whether he is vicariously liable shall be decided by the acquired trial Court after recording of the evidence.

Finally, a significant contribution of this case which was accepted for consideration with the Court under Article 184 (three), has become setting a precedent which allows for much a lot easier access to your public to technique the superior courts along with the subordinate courts on environment related issues.

This article delves into the intricacies of your recent amendment, accompanied by relevant case law, to provide an extensive understanding of its implications and simple applications.

13309-B of 2010 to generally be weak types of evidence and the evidentiary value whereof would be viewed within the time of the trial. The investigation of this case has already been finalized and, Therefore, confirmed custody with the petitioner in jail is not likely to provide any beneficial purpose at this stage.”

It is also important to note that granting of seniority to some civil servant without the actual size of service just about violates your complete service framework for a civil servant inducted in Quality seventeen by claiming such benefit without any experience be directly posted in any higher quality, which is neither the intention of your regulation nor of your equity. Read more