If your employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't had a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is normally only accomplished When the employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence as well as the petitioner company responded to the allegations therefore they were well aware of the allegations and led the evidence as such this point is ofno use to become appeared 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 with the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It is very well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police being scrupulously fair to the offender as well as the Magistracy is to make sure 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 subject of adverse comments from this Court as well as from other courts However they have failed to 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.
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. nine. In view of the above 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
thirteen. The Supreme Court has held that as soon as the act of misconduct is established as well as employee is found guilty after due process of regulation, it is the prerogative of the employer to decide the quantum of punishment, away from the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness from the act of misconduct just isn't adequate nevertheless the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful method. Read more
However it's made very clear that police is free to acquire action against any person who is indulged in criminal activities topic to legislation. However no harassment shall be caused to your petitioner, if she acts within the bonds of legislation. Police shall also guarantee regard with the family lose in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they are able to act, so far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate for a issue of security of the house is concerned, which isn't public place under the Act 1977. 9. Contemplating the aforementioned details, the objective of filing this petition has become reached. For that reason, this petition is hereby disposed of during the terms stated over. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in help from the Supreme Court, making certain the enforcement of its judgments. As the Supreme Court is the final arbitrator of all cases where the decision has been arrived at, the decision with the Supreme Court needs to get taken care of as directed in terms of Article 187(2) from the Constitution. Read more
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it really is handy for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to create an read more attempt to get rid of a case on merit and more importantly when after recording of evidence it's reached into a stage of final arguments, endeavors should be made for advantage disposal when it's achieved these kinds of stage. Read more
The DCFS social worker in charge of your boy’s case experienced the boy made a ward of DCFS, and in her 6-thirty day period report towards the court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
The law of necessity identified and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
Under Article 199, the court possesses the authority to review government insurance policies for reasonableness if applicable in respondent university and to safeguard aggrieved parties' rights. As a result, this petition is admissible based on recognized court precedents, and the respondents' objections are overruled. Read more
The different roles of case regulation in civil and common regulation traditions create differences in how that courts render decisions. Common regulation courts generally explain in detail the legal rationale guiding their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent as well as the case under appeal, Maybe overruling the previous case law by setting a brand new precedent of higher authority. This could take place several times since the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later in the Court of Appeal, provided a famous example of this evolutionary process in his improvement from the concept of estoppel starting from the High Trees case.
States also usually have courts that manage only a specific subset of legal matters, for example family regulation and probate. Case regulation, also known as precedent or common regulation, is the body of prior judicial decisions that guide judges deciding issues before them. Depending around the relationship between the deciding court and also the precedent, case law might be binding or merely persuasive. For example, a decision through the U.S. Court of Appeals to the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) will not be strictly bound to Keep to the Fifth Circuit’s prior decision. Similarly, a decision by a person district court in Big apple is not binding on another district court, but the first court’s reasoning might help guide the second court in achieving its decision. Decisions by the U.S. Supreme Court are binding on all federal and state courts. Read more
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