Should the employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't experienced a chance to answer the grievance and attempt to resolve it. In some cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only completed if the employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence and the petitioner company responded into the allegations as a result they were perfectly conscious of the allegations and led the evidence as such this point is ofno use to generally be 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-25 Approved for Reporting WhatsApp
For legal professionals, there are specific rules regarding case citation, which range depending over the court and jurisdiction hearing the case. Proper case legislation citation in the state court is probably not suitable, or perhaps accepted, on the U.
fourteen. From the light of your position explained higher than, it really is concluded that a civil servant incorporates a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Normally, the burden rests with litigants to appeal rulings (including People in distinct violation of founded case legislation) towards the higher courts. If a judge acts against precedent, as well as case just isn't appealed, the decision will stand.
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not implement, as being the criminal Court hasn't convicted the petitioner, rather he has long been acquitted of the criminal charges based on evidence and it really is nicely-settled law that once the civil servant is acquitted inside the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment because of the department and held him disqualified for that post because acquittal for all future purposes. The aforesaid proposition continues to be established at naught because of the Supreme Court of Pakistan during the case of the District Police Officer Mainwali and 2 others v.
Whilst there is not any prohibition against referring to case law from a state other than the state in which the case is being heard, it holds minor sway. Still, if there is not any precedent in the home state, relevant case law from another state might be viewed as via the court.
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eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is often a free and democratic state, and once a person becomes a major they can marry whosoever he/she likes; If your parents with the boy or Woman tend not to approve of such inter-caste or interreligious marriage the maximum they're able to do if they could Minimize off social relations with the son or maybe the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that's major undergoes inter-caste or inter-religious marriage with a woman or person that's a major, the few is neither harassed by any individual nor subjected to threats or acts of violence and anybody who offers these types of threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings through the police against this sort of persons and further stern action is taken against this sort of person(s) as provided by law.
Summaries offer concise insights into the legal principles governing agreements between parties, such as the formation, interpretation, and enforceability of contracts, offering a beneficial resource for understanding contractual rights and obligations.
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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 from the regulation laid down via the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department of your petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and fork out the pension amount and other ancillary benefits to the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority of the respondent can also be 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
The reason for this difference is that these civil legislation jurisdictions adhere into a tradition that the reader should manage to deduce the logic from the decision and also the statutes.[4]
17 . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High click here Court, Karachi 2025 SHC KHI forty six I have read the learned 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 on the interim relief application in terms of Section seven(1) on the Illegal Dispossession Act 2005 at hand over possession in the subjected premises on the petitioner; that Illegal Dispossession Case needs to generally be decided by the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer during the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court should see this part 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(Author) 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 on the main case, it is also a properly-founded 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from 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-respect the evidence and to reach at its independent findings to the evidence.