If the employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not had a possibility to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only completed In case the employee can show that they'd a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence and also the petitioner company responded into the allegations as a result they were very well aware about the allegations and led the evidence as a result this point is ofno use to get looked 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
Article 199 of your Constitution allows High Court intervention only when "no other sufficient remedy is provided by legislation." It's perfectly-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Additionally, it addresses the limitation period under Article ninety one and one hundred twenty of the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
The an abundance of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. However it really is made distinct that police is free to consider action against any person that's indulged in criminal activities matter to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-industry duties inside the interim period. Read more
This Court may 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 method of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. If the conclusion or finding is for instance no reasonable person would have ever arrived at, the Court may perhaps interfere with the conclusion or the finding and mold the relief to make it proper to your facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or maybe the nature of punishment. Around the aforesaid proposition, we've been fortified from the decision with the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Even though there is no prohibition against referring to case regulation from a state other than the state in which the case is being read, it holds little sway. Still, if there is not any precedent from the home state, relevant case legislation from another state could possibly be deemed by the court.
During the United States, courts exist on both the federal and state levels. The United States Supreme Court is the highest court in the United States. Lower courts around the federal level contain the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, plus the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts listen to cases involving matters related to the United States Constitution, other federal laws and regulations, and certain matters that involve parties from different states or countries and large sums of money in dispute. Each and every state has its individual judicial system that involves trial and appellate courts. The highest court in Just about every state is commonly referred to given that the “supreme” court, although there are some exceptions to this rule, for example, the Ny Court of Appeals or even the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state legislation and regulations, While state courts might also generally hear cases involving federal laws.
In case you find an error inside the content material of a published opinion (for instance a misspelled name or perhaps a grammatical error), please notify the Reporter of Decisions. TVW
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, get more info Karachi It can be effectively-settled that though thinking of the case of regular promotion of civil servants, the competent authority should evaluate the merit of many of the qualified candidates and after thanks deliberations, to grant promotion to this sort of qualified candidates who are found to become most meritorious amongst them. For the reason that petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was ignored by the respondent department just to increase favor towards the blue-eyed candidate based on OPS, which is apathy on the part of your respondent department.
Summaries give an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and policies directed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative on the legislation laid down with the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority on the parent department in the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and pay back the pension amount and other ancillary benefits on the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority with the respondent is also directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Any court may perhaps find to distinguish the present case from that of the binding precedent, to achieve a different summary. The validity of this type of distinction might or might not be accepted on appeal of that judgment into a higher court.
17 . 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 forty six I have read the realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(1) in the Illegal Dispossession Act 2005 to hand over possession of the subjected premises into the petitioner; that Illegal Dispossession Case needs being decided with the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer within the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this part for interim custody of the topic premises In case 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
Summaries supply a condensed overview of offences and their penalties, and also the procedural facets of prosecuting and punishing individuals accused of committing crimes.