If the employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer hasn't had an opportunity 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 incorporate the grievance notice. However, this is often only accomplished if 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 lead evidence plus the petitioner company responded on the allegations as such they were properly mindful of the allegations and led the evidence therefore this point is ofno use to get looked 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
Article 199 of your Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It's very well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police for being scrupulously fair into the offender as well as the Magistracy is to be certain 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 law and order situation have been the topic of adverse comments from this Court and also from other courts Nonetheless they have did not 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 an abundance 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. However it's made apparent that police is free to just take action against any person who's indulged in criminal activities topic to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-discipline duties in the interim period. Read more
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 moment Petition under Article 199 of your Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Many of the volumes (such as more recent volumes than the library's holdings) are also available online through the Caselaw Access Project.
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In federal or multi-jurisdictional regulation systems there may well exist conflicts between the varied lessen appellate courts. Sometimes these differences might 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's perfectly-settled that while thinking about the case of regular promotion of civil servants, the competent authority needs to look at the advantage of many of the suitable candidates and after thanks deliberations, to grant promotion to these suitable candidates who will be found being most meritorious amongst them. Since the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded by the respondent department just to increase favor for the blue-eyed candidate based on OPS, which is apathy around the part of the respondent department.
Article 27 from the Constitution does not only safeguard against discrimination on the time of appointment read more of service but after the appointment at the same time. The disparity during the pay out scale allowances of Stenographers while in the District Judiciary is during the distinct negation with the regulation laid down from the Supreme Court in its various pronouncements. Read more
Accomplishing a case law search can be as easy as moving into specific keywords or citation into a search engine. There are, however, certain websites that facilitate case law searches, which includes:
In 1997, the boy was placed into the home of John and Jane Roe being a foster child. Although the few had two youthful children of their own at home, the social worker did not 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 day, the worker reported the boy’s placement during the Roe’s home, but didn’t mention that the few experienced younger children.
Where there are several members of a court deciding a case, there could be one particular or more judgments supplied (or reported). Only the reason for that decision on the majority can constitute a binding precedent, but all could possibly be cited as persuasive, or their reasoning can be adopted within an argument.
refers to regulation that will come from decisions made by judges in previous cases. Case law, also known as “common legislation,” and “case precedent,” supplies a common contextual background for certain legal concepts, And just how they are applied in certain types of case.