If your employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not experienced a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only completed When the employee can show that they'd a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to lead evidence as well as the petitioner company responded to the allegations therefore they were nicely aware of the allegations and led the evidence as a result this point is ofno use being seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
Article 199 from the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It is nicely-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Since the Supreme Court is the final arbitrator of all cases where the decision has become reached, therefore the decision from the Supreme Court needs to get taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Normally, the burden rests with litigants to appeal rulings (together with Those people in apparent violation of recognized case law) into the higher courts. If a judge acts against precedent, along with the case will not be appealed, the decision will stand.
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 instant Petition under Article 199 of your Constitution based within 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 within the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
Within the United States, men and women are not required to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their very own can remember a person rule of thumb when it involves referring to case regulation or precedent in court documents: be as specific as feasible, leading the court, not only to the case, but towards the section and paragraph containing the pertinent information.
In federal or multi-jurisdictional regulation systems there may possibly exist conflicts between the various decreased appellate courts. Sometimes these differences might not be resolved, and it could be necessary to distinguish how the legislation is applied in a single district, province, division or appellate department.
Case law, also used interchangeably with common law, is actually a law that is based on precedents, that will be the judicial decisions from previous cases, instead than law based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
The law of necessity regarded 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 legislation of necessity..
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The law enjoins the police to become scrupulously fair into 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 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 lots of this power casts an obligation around the police and it must bear in mind, as held by this read more Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
These lists are sorted chronologically by Chief Justice and contain all notable cases decided from the court. Articles exist for almost all cases.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively founded now that the provision for proforma promotion is not really alien or unfamiliar on the civil servant service structure however it is already embedded in Fundamental Rule 17, wherein it can be lucidly enumerated that the appointing authority may well if contented that a civil servant who was entitled to become promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service to the Federation/ province while in the higher post, direct that these kinds of civil servant shall be paid the arrears of pay back and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Criminal cases During the common regulation tradition, courts decide the legislation applicable to some case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Contrary to most civil law systems, common regulation systems Keep to the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all reduce courts should make decisions dependable with the previous decisions of higher courts.