When the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't experienced a possibility to answer the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only performed if the employee can show that they'd a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to steer evidence and the petitioner company responded for the allegations therefore they were nicely aware about the allegations and led the evidence as such this point is ofno use being looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
It's also important to note that granting of seniority into a civil servant without the actual size of service just about violates the entire service structure as a civil servant inducted in Grade 17 by claiming this sort of benefit without any experience be directly posted in any higher grade, which is neither the intention in the regulation nor of your equity. Read more
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to get scrupulously fair towards the offender as well as the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the subject of adverse comments from this Court along with from other courts However they have did not have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
Persuasive Authority – Prior court rulings that might be consulted in deciding a current case. It might be used to guide the court, but isn't binding precedent.
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 instant Petition under Article 199 from the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Although there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds small sway. Still, if there isn't any precedent from the home state, relevant case regulation from another state might be regarded with the court.
All executive and judicial authorities throughout Pakistan are obligated to act in aid of the Supreme Court, ensuring the enforcement of its judgments. Given that the Supreme Court is definitely the final arbitrator of all cases where the decision has long been arrived at, the decision of your Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) with the Constitution. Read more
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 over the ECL based to the criminal case are inconsistent with set up legal principles. For that reason, this petition must be allowed Read more
Some bodies are presented statutory powers to issue advice with persuasive authority or similar statutory effect, such as the Highway Code.
Article 199 on the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It is effectively-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Carrying out a case law search could be as easy as moving into specific keywords or citation into a search engine. There are, however, certain websites that facilitate case regulation searches, which include:
In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Although the couple experienced two youthful children of their have at home, the social worker didn't inform them about the boy’s history of both being abused, and abusing other children. When she made her report towards the court the following working day, the worker reported the boy’s placement during the Roe’s home, but didn’t mention that the pair experienced younger children.
Generally, only an appeal accepted through the court of previous resort will resolve such differences and, For a lot of reasons, these kinds of appeals in many cases are not granted.
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 towards the main case, It is additionally a nicely-recognized 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 inside the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter to the procedure provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not here work as appellate authority to re-respect the evidence and to arrive at its independent findings about the evidence.