If the employee fails to serve a grievance notice, the NIRC could 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 a few cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only done Should the employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to lead evidence as well as petitioner company responded for the allegations as such they were perfectly mindful of the allegations and led the evidence therefore 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 ample remedy is provided by regulation." It is very well-settled that an aggrieved person must exhaust offered 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
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to become scrupulously fair into the offender plus the Magistracy is to ensure 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 legislation and order situation have been the topic of adverse comments from this Court along with from other courts Nevertheless they have didn't 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.
Usually, the burden rests with litigants to appeal rulings (like People in distinct violation of founded case legislation) towards the higher courts. If a judge acts against precedent, and the case is not really appealed, the decision will stand.
2299 of 2025. The findings are pending finalization and will be submitted without delay. Additionally they stated that directives for strict compliance have been issued to all Karachi units, with non-compliance experiencing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They can be directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above terms. Read more
Though there isn't any prohibition against referring to case legislation from a state other than the state in which the case is being heard, it holds little sway. Still, if there is not any precedent while in the home state, relevant case law from another state may be thought of with the court.
Apart from the rules of procedure for precedent, the weight given to any reported judgment may perhaps rely upon the reputation of both the reporter as well as the judges.[7]
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is predicted that the persons having their character earlier mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents can be a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to perform away with the candidature with the petitioner. Read more
ten. Without touching the merits of your case in the issue of once-a-year increases in the pensionary emoluments from the petitioner, in terms of policy decision of the provincial government, these yearly increase, if permissible while in the case of employees of KMC, calls for further assessment to generally be made by the court of plenary jurisdiction. KMC's reluctance because of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
This Court could interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding attained via the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever achieved, the Court may perhaps interfere with the conclusion or the finding and mildew the relief to make it appropriate to the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or the nature of punishment. About the aforesaid proposition, we've been fortified because of the decision on the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
For that reason, this petition is hereby disposed of from the terms stated over. However no harassment shall be caused to either party as well as the case shall be decided by the competent court of law if pending. Read more
10. Based within the findings with the inquiry committee, this petition will not be considered maintainable and is particularly therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Usually, only an appeal accepted via the court of very last resort will resolve these types of differences and, For numerous reasons, this sort of appeals tend to be not granted.
The Court holds the authority to review any criminal or civil cases, apart from most civil cases in which the amount in controversy does not exceed $two hundred. Additionally, it regulates the legal profession in Washington, and it has issued a Code of Judicial Conduct to guide the actions of state get more info judges.