Should the employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not experienced a possibility 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 will likely be only carried out In case the employee can show that they'd a good reason for not serving the grievance notice. From the present case, the parties were allowed to lead evidence and the petitioner company responded on the allegations as a result they were effectively conscious of the allegations and led the evidence as such this point is ofno use to be seemed 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-twenty five Approved for Reporting WhatsApp
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The lots 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 to get a crime, his constitutional and fundamental rights must not be violated. Read more
In addition it addresses the limitation period under Article 91 and 120 in the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It could be used to guide the court, but is just not binding precedent.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 about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—is definitely the principle by which judges are bound to this kind of past decisions, drawing on set up judicial authority to formulate their positions.
Apart from the rules of procedure for precedent, the load given to any reported judgment may well depend upon the reputation of both the reporter and the judges.[seven]
In federal or multi-jurisdictional legislation systems there may possibly exist conflicts between the different reduced appellate courts. Sometimes these differences will not be resolved, and it might be necessary to distinguish how the legislation is applied in a single district, province, division or appellate department.
In certain jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
twelve. There isn't any denial from the fact that in Government service it is expected that the persons acquiring their character over board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to perform away with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
Under Article 199, the court possesses the authority to review government guidelines for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. For that reason, this petition is admissible based on set up court precedents, as well as respondents' objections are overruled. Read more
In 1997, the boy was placed into the home of John and Jane Roe being a foster child. Even though the few experienced two youthful children of their very own at home, the social worker didn't notify them about the boy’s history of both being abused, and abusing other children. When she made her report to your court the following working day, the worker reported the boy’s placement from the Roe’s home, but didn’t mention that the couple had youthful children.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is perfectly recognized now that the provision for proforma promotion isn't alien or unfamiliar to the civil servant service framework but it is already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may if satisfied that a civil servant who was entitled to get promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service for the Federation/ province during the higher post, direct that these kinds of civil servant shall be paid the arrears of pay out and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Summaries offer a condensed overview of offences and their penalties, as well as procedural aspects of prosecuting and punishing individuals accused website of committing crimes.