If your employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had a chance to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only carried out When the employee can show that they'd a good reason for not serving the grievance notice. During the present case, the parties were allowed to lead evidence plus the petitioner company responded towards the allegations therefore they were very well mindful of the allegations and led the evidence as such this point is ofno use to generally be appeared 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-25 Approved for Reporting WhatsApp
A reduced court might not rule against a binding precedent, whether or not it feels that it's unjust; it might only express the hope that a higher court or perhaps the legislature will reform the rule in question. If the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the legislation evolve, it might either 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 for your judge to recommend that an appeal be completed.
In that sense, case law differs from just one jurisdiction to another. For example, a case in The big apple would not be decided using case regulation from California. As an alternative, The big apple courts will analyze the issue depending on binding precedent . If no previous decisions within the issue exist, Ny courts may possibly evaluate precedents from a different jurisdiction, that would be persuasive authority somewhat than binding authority. Other factors including how outdated the decision is and also the closeness to the facts will affect the authority of a specific case in common law.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and also the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release being a legally regarded conviction. Read more
thirteen. The Supreme Court has held that as soon as the act of misconduct is founded along with the employee is found guilty after thanks process of legislation, it's the prerogative on the employer to decide the quantum of punishment, outside of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness from the act of misconduct just isn't suitable however the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful method. Read more
Lots of the volumes (like more recent volumes than the library's holdings) will also be obtainable online through the Caselaw Access Project.
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In federal or multi-jurisdictional law systems there may perhaps exist conflicts between the assorted decreased appellate courts. Sometimes these differences will not be resolved, and it could be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
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 though thinking of the case of regular promotion of civil servants, the competent authority has got to look at the merit of many of the qualified candidates and after due deliberations, to grant promotion to these eligible candidates who will be found for being most meritorious amongst them. For the reason that petitioner was held to get senior to his colleagues who were promoted in BS-19, here the petitioner was ignored because of the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy around the part of your respondent department.
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Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The legislation enjoins the police to become scrupulously fair towards the offender as well as 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 legislation and order situation have been the topic of adverse comments from this Court and also from other courts Nevertheless they have didn't 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. The a lot of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
The reason for this difference is that these civil regulation jurisdictions adhere to your tradition that the reader should be able to deduce the logic from the decision and also the statutes.[four]
seventeen . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI 46 I have listened to the realized counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues from the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section 7(1) with the Illegal Dispossession Act 2005 at hand over possession with the subjected premises on the petitioner; that Illegal Dispossession Case needs to generally be decided via the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer while in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has got to see this component for interim custody of the subject premises In the event 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. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 into the main case, it is also a properly-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, implement to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on 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 work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings on the evidence.