case law explanation Things To Know Before You Buy
case law explanation Things To Know Before You Buy
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Should the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not had an opportunity to respond to the grievance and attempt to resolve it. In some cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is normally only finished In case the employee can show that that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to lead evidence along with the petitioner company responded to the allegations as such they were very well aware about the allegations and led the evidence as such this point is ofno use to become seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
A lessen court may well not rule against a binding precedent, although it feels that it is actually unjust; it might only express the hope that a higher court or maybe the legislature will reform the rule in question. If your court believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the regulation evolve, it may possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts on the cases; some jurisdictions allow to get a judge to recommend that an appeal be carried out.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have read the figured out counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues on the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(one) from the Illegal Dispossession Act 2005 handy over possession from the subjected premises on the petitioner; that Illegal Dispossession Case needs being decided from the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer from the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this factor for interim custody of the topic premises When the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
The a good amount of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for just 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 is indulged in criminal activities issue to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-industry duties during the interim period. Read more
This Court could click here 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 mode of inquiry or where the summary or finding achieved through the disciplinary authority is based on no evidence. In the event the summary or finding is which include 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 appropriate to your facts of every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or maybe the nature of punishment. About the aforesaid proposition, we've been fortified via the decision on the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
With the foregoing reasons the instant suit is dismissed with no order concerning cost. Office to prepare decree in the above terms. Read more
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 inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based on the same factual grounds. Even though a writ under Article 199 is out there in specific limited situations, it truly is generally not the appropriate 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 encourage the department of his/her innocence.
However it's made obvious that police is free to acquire action against any person who is indulged in criminal activities matter to regulation. However no harassment shall be caused to the petitioner, if she acts within the bonds of legislation. Police shall also ensure respect with the family shed in accordance with legislation and whenever they have reasonable ground to prevent the congnizable offence they will act, as far as raiding the house is concerned the police shall secure concrete evidence and obtain necessary permission from the concerned high police official/Magistrate being a issue of security of your house is concerned, which is not public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition has actually been obtained. Consequently, this petition is hereby disposed of while in the terms stated previously mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads forty Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively-settled that even though taking into consideration the case of regular promotion of civil servants, the competent authority has got to evaluate the benefit of all of the suitable candidates and after owing deliberations, to grant promotion to such qualified candidates who are found to generally be most meritorious among them. Because the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded with the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, assisting you in understanding the intricacies of land and property legislation.
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In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are established by executive businesses based on statutes.