case law citation us - An Overview
case law citation us - An Overview
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In the event the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't had an opportunity to answer the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only performed In the event the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence as well as petitioner company responded on the allegations as such they were very well conscious of the allegations and led the evidence therefore this point is ofno use for being 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
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As being the Supreme Court is definitely the final arbitrator of all cases where the decision has been reached, therefore the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(two) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
This ruling has conditions, and Because the petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. nine. In view of the above mentioned facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. 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 with the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Generally speaking, higher courts never have direct oversight over the lower courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments from the reduced courts.
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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 a free and democratic place, and once a person becomes a major she or he can marry whosoever he/she likes; Should the parents in the boy or Lady will not approve of these inter-caste or interreligious marriage the most they are able to do if they will Slash 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 kinds of 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 man that's a major, the pair is neither harassed by everyone nor subjected to threats or acts of violence and anybody who presents this sort of threats or harasses or commits acts of violence either himself or at his instigation, is taken to job by instituting criminal proceedings via the police against such persons and further stern action is taken against these types of person(s) as provided by regulation.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, it is also a properly-founded proposition of regulation 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 succeed in 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 from the Stricto-Sensu, utilize 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 of the charge, however, that is issue for the procedure provided under the relevant rules and never otherwise, to the 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 within the evidence.
The regulation of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called regulation of necessity..
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits may be withheld on account of your allegations leveled against the petitioner, within our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does deliver for certain circumstances under which a civil servant's pension could be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension could possibly be withheld or reduced. If a civil servant is convicted of a significant crime, their pension may very well be withheld or reduced. In certain cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set with the government.
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These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory legislation, which are established by executive businesses based on statutes.