In the event the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced a chance to answer 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 frequently only performed if the employee can show that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to lead evidence and also the petitioner company responded to your allegations as a result they were properly 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
A decrease court may not rule against a binding precedent, even though it feels that it is unjust; it could only express the hope that a higher court or even the legislature will reform the rule in question. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the regulation evolve, it could possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of your cases; some jurisdictions allow for just a judge to recommend that an appeal be completed.
fourteen. During the light in the position explained over, it really is concluded that a civil servant features a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the size of service or in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
The loads 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 is made clear that police is free to choose action against any person that's indulged in criminal activities matter to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-area duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion involves a go to a higher position with increased responsibilities and rank. Upgradation, about the other hand, provides financial relief by putting an employee in a very higher spend scale, without transforming their job duties or position. It's a system designed to address the stagnation of employees who have remained within the same shell out scale for a lengthy time, particularly when they lack chances for promotion. Upgradation is a policy Device used to reduce the hardship of long-term stagnation. Read more
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—would be the principle by which judges are bound to these kinds of past decisions, drawing on founded judicial authority to formulate their positions.
Regulation professors traditionally have played a much more compact role in building case legislation in common law than professors in civil regulation. Because court decisions in civil regulation traditions are historically brief[4] and not formally amenable to establishing precedent, much of the exposition from the law in civil regulation traditions is done by teachers alternatively than by judges; this is called doctrine and will be published in treatises or in journals including Recueil Dalloz in France. Historically, common regulation courts relied small on legal scholarship; So, with the turn on the twentieth century, it had been really uncommon to see an educational writer quoted in a very legal decision (except Probably to the academic writings of outstanding judges for example Coke and Blackstone).
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is anticipated that the persons having their character above board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is usually a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a 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 method out or guise to accomplish away with the candidature with the petitioner. Read more
The DCFS social worker in charge of your boy’s case had the boy made a ward of DCFS, As well as in her six-month report to 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.
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182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of the respondents that pensionary benefits could possibly be withheld on account of your allegations leveled against the petitioner, in our view, section twenty of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension might be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well here be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may very well be withheld or reduced. In some cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions established from the government.
Any court may search for to distinguish the present case from that of a binding precedent, to achieve a different conclusion. The validity of such a distinction might or might not be accepted on appeal of that judgment to the higher court.
17 . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI 46 I have heard the figured out counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section 7(one) with the Illegal Dispossession Act 2005 handy over possession of your subjected premises into the petitioner; that Illegal Dispossession Case needs to become decided through the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer from the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this facet for interim custody of the topic premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
Rulings by courts of “lateral jurisdiction” usually are not binding, but could possibly be used as persuasive authority, which is to present substance to the party’s argument, or to guide the present court.