If your employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not had an opportunity to answer the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only carried out Should 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 guide evidence as well as the petitioner company responded for the allegations therefore they were nicely aware about the allegations and led the evidence as such this point is ofno use to get seemed 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-25 Approved for Reporting WhatsApp
It is also important to note that granting of seniority to your civil servant without the actual duration of service just about violates the entire service structure being a civil servant inducted in Quality seventeen by claiming this kind of benefit without any experience be directly posted in any higher grade, which is neither the intention of your legislation nor on the equity. Read more
Today educational writers tend to be cited in legal argument and decisions as persuasive authority; normally, They're cited when judges are attempting to apply reasoning that other courts have not nonetheless adopted, or when the judge thinks the educational's restatement from the regulation is more compelling than might be found in case regulation. Hence common law systems are adopting one of the strategies lengthy-held in civil legislation jurisdictions.
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 to get a crime, his constitutional and fundamental rights must not be violated. However it can be made very clear that police is free to acquire action against any person that is indulged in criminal activities issue 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. If your officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-subject duties inside the interim period. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved with the disciplinary authority is based on no evidence. In case the summary or finding is which include no reasonable person would have ever arrived at, the Court may interfere with the conclusion or even the finding and mildew the relief to make it acceptable for the facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. To the aforesaid proposition, we're fortified with the decision on the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Generally speaking, higher courts will not have direct oversight over the reduced courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments on the decrease courts.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice on the Peace u/s 22-A isn't obliged to afford a possibility of hearing for the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is necessary to contemplate all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
11 . 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 he or website she can marry whosoever he/she likes; In case the parents from the boy or Female tend not to approve of such inter-caste or interreligious marriage the utmost they might do if they can Minimize off social relations with the son or the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who's major undergoes inter-caste or inter-religious marriage with a woman or guy that is a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anyone who provides these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to process by instituting criminal proceedings through the police against these kinds of persons and further stern action is taken against this sort of person(s) as provided by legislation.
Summaries offer concise insights into the legal principles governing agreements between parties, including the formation, interpretation, and enforceability of contracts, providing a precious resource for understanding contractual rights and obligations.
Summaries offer an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and procedures aimed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
Federalism also performs a major role in determining the authority of case law in a particular court. Indeed, each circuit has its individual list of binding case regulation. Therefore, a judgment rendered while in the Ninth Circuit will not be binding within the Second Circuit but will have persuasive authority.
Any court may well seek out to distinguish the present case from that of a binding precedent, to succeed in a different conclusion. The validity of such a distinction might or might not be accepted on appeal of that judgment into a higher court.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.
Rulings by courts of “lateral jurisdiction” aren't binding, but could possibly be used as persuasive authority, which is to present substance into the party’s argument, or to guide the present court.