Should the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't had a chance to answer the grievance and attempt to resolve it. In some cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only done Should the employee can show that they'd a good reason for not serving the grievance notice. In the present case, the parties were allowed to lead evidence along with the petitioner company responded to your allegations therefore they were perfectly aware about the allegations and led the evidence therefore this point is ofno use to be 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
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In that sense, case law differs from one jurisdiction to another. For example, a case in New York would not be decided using case law from California. Rather, Ny courts will examine the issue relying on binding precedent . If no previous decisions around the issue exist, New York courts may take a look at precedents from a different jurisdiction, that would be persuasive authority fairly than binding authority. Other factors for instance how outdated the decision is plus the closeness to your facts will affect the authority of the specific case in common law.
The a good amount of this power casts an obligation around 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's made distinct that police is free to acquire action against any person who's 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. When the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-discipline duties in the interim period. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion includes a go to the higher position with increased responsibilities and rank. Upgradation, around the other hand, gives financial relief by inserting an employee inside of a higher pay scale, without altering their task duties or position. It is a system designed to address the stagnation of employees who have remained during the same pay scale for a long time, particularly when they lack options for promotion. Upgradation can be a policy Resource used to ease the hardship of lengthy-term stagnation. Read more
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—is definitely the principle by which judges are bound to this sort of past decisions, drawing on founded judicial authority to formulate their positions.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically result in exoneration from departmental charges based on the same factual grounds. While a writ under Article 199 is available in specific limited situations, it is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-study witnesses and present his/her defense but didn't encourage the department of his/her innocence.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it is actually convenient for your Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to eliminate a case on merit and more importantly when after recording of evidence it has attained to the stage of final arguments, endeavors should be made for advantage disposal when it has attained these types of stage. Read more
10. Without touching the merits with the case on the issue of once-a-year increases from the pensionary emoluments of the petitioner, in terms of policy decision in the provincial government, these kinds of yearly increase, if permissible while in the case of employees of KMC, needs further assessment being made by the court of plenary jurisdiction. KMC's reluctance due to funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
Summaries provide 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 directed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is properly-settled that the civil servants must first pursue internal appeals within ninety times. In the event the appeal isn't decided within that timeframe, he/she will be able to then approach the service tribunal to challenge the first order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the 90 days with the department to act has already expired. To the aforesaid proposition, we have been guided via the decision from the Supreme Court while in the case of Dr.
Statutory laws are Those people created by legislative bodies, for example Congress at both the federal check here and state levels. Although this form of law strives to form our society, supplying rules and guidelines, it would be unachievable for just about any legislative body to anticipate all situations and legal issues.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion is definitely the vested right of the civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular size of service for turning into entitled to generally be deemed for promotion to a higher quality, of course, isn't without logic as being the officer who's in the beginning inducted to a particular post needs to provide on the claimed post to gain experience to hold the next higher post also to serve the public inside a befitting fashion.
Rulings by courts of “lateral jurisdiction” are usually not binding, but might be used as persuasive authority, which is to provide substance towards the party’s argument, or to guide the present court.