If the employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not had a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only carried out Should the employee can show that that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to guide evidence and the petitioner company responded towards the allegations as a result they were nicely aware about the allegations and led the evidence therefore this point is ofno use being appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
A decrease court may well not rule against a binding precedent, whether or not it feels that it truly is unjust; it may well only express the hope that a higher court or perhaps the legislature will reform the rule in question. When the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the legislation evolve, it could either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for any judge to recommend that an appeal be carried out.
If the DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and carry on according towards the regulation. This petition stands disposed of in the above terms. Read more
The lots 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 to get a crime, his constitutional and fundamental rights must not be violated. However it is made distinct that police is free to take action against any person who's indulged in criminal activities subject matter to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-field duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
Unfortunately, that was not genuine. Just two months after being placed with the Roe family, the Roe’s son informed his parents that the boy experienced molested him. The boy was arrested two times later, and admitted to possessing sexually molested the pair’s son several times.
Generally speaking, higher courts never have direct oversight over the reduce courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments from the decrease courts.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring about exoneration from departmental charges based over the same factual grounds. Whilst a writ under Article 199 is out there in specific limited situations, it's generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-examine witnesses and present his/her defense but did not influence the department of his/her innocence.
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is often a free and democratic nation, and once a person becomes a major she or he can marry whosoever he/she likes; if the parents from the boy or Woman never approve of this sort of inter-caste or interreligious marriage the utmost they're able to do if they will Slice off social relations with the son or maybe the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or man that's a major, the couple is neither harassed by any individual nor subjected to threats or acts of violence and anybody who offers such threats or harasses or commits acts of violence both himself or at his instigation, is taken to task by instituting criminal proceedings with the police against this kind of persons and further stern action is taken against these kinds of person(s) as provided by law.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is well-settled that though thinking about the case of regular promotion of civil servants, the competent authority has to consider the advantage of many of the qualified candidates and after due deliberations, to grant promotion to these types of eligible candidates who will be found cases of administrative law to get most meritorious amongst them. Because the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was ignored because of the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called legislation of necessity..
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits can be withheld on account of your allegations leveled against the petitioner, in our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension may very well be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may very well be withheld or reduced. In certain cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set with the government.
The reason for this difference is that these civil law jurisdictions adhere to some tradition that the reader should manage to deduce the logic from the decision and the statutes.[4]
Where there are several members of a court deciding a case, there can be one or more judgments offered (or reported). Only the reason to the decision of your majority can represent a binding precedent, but all may be cited as persuasive, or their reasoning could be adopted in an argument.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are set up by executive agencies based on statutes.