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The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The plenty of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Read more
fourteen. From the light of your position explained over, it truly is concluded that a civil servant contains a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be viewed as for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the length of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
If your employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't experienced a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only completed If your employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence as well as the petitioner company responded on the allegations therefore they were very well aware of the allegations and led the evidence as such this point is ofno use to be looked into in constitutional jurisdiction at this stage. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 on the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
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In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year old boy from his home to protect him from the horrible physical and sexual abuse he had experienced in his home, and to prevent him from abusing other children while in the home. The boy was placed within an emergency foster home, and was later shifted all around within the foster care system.
Quite a few judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name to the ECL based within the criminal case are inconsistent with established legal principles. As a result, this petition must be allowed Read more
Some bodies are specified statutory powers to issue steering with persuasive authority or similar statutory effect, like the Highway Code.
Article 199 of your Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It really is perfectly-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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Summaries of cases that shape the lives of younger individuals, guaranteeing a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and enthusiasts alike.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is nicely set up now that the provision for proforma promotion just isn't alien or unfamiliar on the civil servant service framework but it's already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority may possibly if glad that a civil servant who was entitled for being promoted from a particular date was, get more info for no fault of his personal, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that this kind of civil servant shall be paid the arrears of spend and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Therefore, this petition is found to become not maintainable and it is dismissed along with the pending application(s), plus the petitioners may possibly request remedies through the civil court process as discussed supra. Read more