The Basic Principles Of engagement case law in pakistan
The Basic Principles Of engagement case law in pakistan
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Should the employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not experienced a possibility to respond 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 will likely be only carried out When 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 guide evidence as well as the petitioner company responded to your allegations as such they were properly aware of the allegations and led the evidence therefore this point is ofno use to be 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
A lessen court might not rule against a binding precedent, even when it feels that it really is unjust; it could only express the hope that a higher court or maybe the legislature will reform the rule in question. In case the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the regulation evolve, it may possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for the judge to recommend that an appeal be carried out.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police to become scrupulously fair on the offender and also the Magistracy is to make certain 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 regulation and order situation have been the subject of adverse comments from this Court together with from other courts However 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 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 just a crime, his constitutional and fundamental rights must not be violated. However it is actually made crystal clear that police is free to choose action against any person that is indulged in criminal activities subject matter to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-discipline duties in the interim period. Read more
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 moment Petition under Article 199 on the 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 while in the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
Just some years back, searching for case precedent was a complicated and time consuming task, requiring folks to search through print copies of case legislation, or to purchase access to commercial online databases. Today, the internet has opened up a number of case legislation search possibilities, and lots of sources offer free access to case legislation.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice from the Peace u/s 22-A just isn't obliged to afford an opportunity of hearing to the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is necessary to look at all relevant factors, with care and caution; to avoid equipment of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is anticipated that the persons obtaining their character higher than board, free from any moral stigma, are being inducted. Verification of character and antecedents is 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 may be 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 complete absent with the candidature with the petitioner. Read more
Some bodies are supplied statutory powers to issue get more info guidance with persuasive authority or similar statutory effect, including the Highway Code.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives in the police should be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, make sure law and order to protect citizens' lives and property. The regulation enjoins the police to get scrupulously fair to the offender as well as Magistracy is to make sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the law and order situation have been the topic of adverse comments from this Court along with from other Courts, but they have failed to have any corrective effect on it.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance on the respondents that pensionary benefits could be withheld on account from the allegations leveled against the petitioner, inside our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does give for certain circumstances under which a civil servant's pension might be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a significant crime, their pension might be withheld or reduced. In some cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set via the government.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to be gathered through the parties – specifically regarding the issue of absolute immunity.
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 would be the vested right of a 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 duration of service for getting to be entitled to become viewed as for promotion to some higher quality, of course, just isn't without logic given that the officer who's initially inducted into a particular post needs to serve on the mentioned post to gain experience to hold the next higher post also to serve the public inside of a befitting method.
States also ordinarily have courts that handle only a specific subset of legal matters, like family law and probate. Case regulation, also known as precedent or common law, will be the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case regulation can be binding or merely persuasive. For example, a decision because of the U.S. Court of Appeals for that Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) just isn't strictly bound to Stick to the Fifth Circuit’s prior decision. Similarly, a decision by just one district court in The big apple is just not binding on another district court, but the initial court’s reasoning may well help guide the second court in achieving its decision. Decisions via the U.S. Supreme Court are binding on all federal and state courts. Read more