In case the employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not had a chance to answer the grievance and attempt to resolve it. In certain cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only finished When the employee can show that they had 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 as such they were perfectly mindful of the allegations and led the evidence as a result this point is ofno use for 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-25 Approved for Reporting WhatsApp
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a good amount of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Read more
Today academic writers will often be cited in legal argument and decisions as persuasive authority; normally, They can be cited when judges are attempting to put into action reasoning that other courts have not but adopted, or when the judge believes the tutorial's restatement with the law is more persuasive than is usually found in case legislation. Hence common law systems are adopting among the strategies prolonged-held in civil law jurisdictions.
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. nine. In view of the above mentioned facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed towards the disposal of the moment petition on the premise that the DIGP Malir will hear the petitioner together with private respondents and will get care of many of the facets of the case and ensure that no harassment shall be caused to both the parties.
one hundred forty five . 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 instant Petition under Article 199 of your Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Apart from the rules of procedure for precedent, the load specified to any reported judgment may possibly rely upon the reputation of both the reporter and the judges.[7]
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 usually a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; In case the parents in the boy or girl tend not to approve of such inter-caste or interreligious marriage the maximum they might do if they are able to Reduce off social relations with the son or the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that is major undergoes inter-caste or inter-religious marriage with a woman or gentleman that's a major, the pair is neither harassed by everyone nor subjected to threats or acts of violence and anyone who offers this kind of threats or harasses or get more info commits acts of violence possibly himself or at his instigation, is taken to activity by instituting criminal proceedings via the police against this sort of persons and further stern action is taken against these types of person(s) as provided by law.
ten. Without touching the merits of the case on the issue of once-a-year increases in the pensionary emoluments in the petitioner, in terms of policy decision from the provincial government, this kind of yearly increase, if permissible during the case of employees of KMC, demands further assessment to generally be made through the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Relating the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition might be dismissed. This is because service from the grievance notice is actually a mandatory prerequisite plus a precondition for filing a grievance petition. The regulation involves that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
Accomplishing a case law search could be as easy as entering specific keywords or citation into a search engine. There are, however, certain websites that facilitate case law searches, which includes:
The appellate court determined that the trial court had not erred in its decision to allow more time for information to be gathered with the parties – specifically regarding the issue of absolute immunity.
Given that the Supreme Court could be the final arbitrator of all cases where the decision has become arrived at, therefore the decision on the Supreme Court needs to become taken care of as directed in terms of Article 187(2) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are set up by executive organizations based on statutes.