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93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a nicely-set up proposition of law 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 in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is issue to your procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings around the evidence.
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Preceding four tax years interpreted. It is not from the date of finalisation of audit but from the tax year involved. Read more
The presiding judge emphasized the need to address the evolving techniques used by counterfeiters, noting that the amendment’s inclusion of technological facets allows for just a more detailed legal response.
If a sufferer is shot at point-blank range, it could still be fair to infer that the accused meant death. However, that is not always the case.
Any court might seek out to distinguish the present case from that of a binding precedent, to achieve a different summary. The validity of such a distinction might or might not be accepted on appeal of that judgment into a higher court.
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 of the employer to decide the quantum of punishment, out of the various penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness from the act of misconduct here is not suitable although the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful method. Read more
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In the event the employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't had a possibility to answer the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only carried out In the event the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to guide evidence and also the petitioner company responded for the allegations therefore they were nicely mindful of the allegations and led the evidence as such this point is ofno use being seemed into in constitutional jurisdiction at this stage. Read more
ten. Without touching the merits in the case in the issue of annual increases from the pensionary emoluments of the petitioner, in terms of policy decision of the provincial government, this sort of annual increase, if permissible within the case of employees of KMC, necessitates further assessment being made because of the court of plenary jurisdiction. KMC's reluctance because of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
13309-B of 2010 to get weak types of evidence as well as evidentiary value whereof would be found on the time of your trial. The investigation of this case has already been finalized and, thus, confirmed custody on the petitioner in jail is unlikely to provide any effective purpose at this stage.”
The Roes accompanied the boy to his therapy sessions. When they were explained to with the boy’s past, they questioned if their children were Protected with him in their home. The therapist assured them that that they had almost nothing to worry about.