A Secret Weapon For difference between executive and non executive directors case laws

A Secret Weapon For difference between executive and non executive directors case laws

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۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔

This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at from the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever achieved, the Court might interfere with the summary or perhaps the finding and mildew the relief to make it proper to the facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. Around the aforesaid proposition, we are fortified by the decision with the Supreme Court while in 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

Some bodies are presented statutory powers to issue steering with persuasive authority or similar statutory effect, like the Highway Code.

extensive period petitioner wasn't thought of for promotion, meeting of the departmental promotion committee and look at the petitioner (Promotion)

For that foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more

The ruling of the first court created case legislation that must be accompanied by other courts right until or Except possibly new regulation is created, or perhaps a higher court rules differently.

Some pluralist systems, including Scots legislation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, don't specifically suit into the dual common-civil legislation system classifications. These types of systems may well have been greatly influenced because of the Anglo-American common regulation tradition; however, their substantive legislation is firmly rooted in the civil law tradition.

thirteen. The Supreme Court has held that the moment the act of misconduct is founded and also the employee is found guilty after due process of regulation, it is the prerogative with the employer to decide the quantum of punishment, out of the assorted 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 is not really ample however the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful method. Read more

If granted absolute immunity, the parties would not only be protected from liability inside the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request towards the appellate court.

                                                                  

10. Without touching the merits on the case from the issue of once-a-year increases from the pensionary emoluments from the petitioner, in terms of policy decision in the provincial government, these types of once-a-year increase, if permissible during the case of employees of KMC, necessitates further assessment for being made via the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more

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