case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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If your employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't had a possibility to answer the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is normally only accomplished if the employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to lead evidence as well as petitioner company responded towards the allegations therefore they were properly aware about the allegations and led the evidence as a result this point is ofno use for being looked 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 of the Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It is actually very well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In addition, it addresses the limitation period under Article 91 and a hundred and twenty on the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
The ruling in the first court created case legislation that must be accompanied by other courts until eventually or Except possibly new regulation is created, or simply a higher court rules differently.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion requires a shift into a higher position with increased responsibilities and rank. Upgradation, over the other hand, offers financial relief by inserting an employee in a higher spend scale, without shifting their position 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 options for promotion. Upgradation can be a policy Resource used to ease the hardship of extensive-term stagnation. Read more
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—may be the principle by which judges are bound to these types of past decisions, drawing on recognized judicial authority to formulate their positions.
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168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it really is easy for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to dispose of a case on benefit and more importantly when after recording of evidence it's got achieved to your stage of final arguments, endeavors should be made for merit disposal when it's arrived at this kind of stage. Read more
The justices must be balanced between the political parties, this kind of that neither party has an advantage of more than one seat. To qualify to serve on the Supreme Court, a candidate must have been admitted to practice law in New Jersey for a minimum of 10 years. This will be the same requirement as for Superior Court judges.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached by the disciplinary authority is based on no evidence. When the summary or finding is for example no reasonable person would have ever attained, the Court might interfere with the conclusion or the finding and mildew the relief to make it suitable here into the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or maybe the nature of punishment. Within the aforesaid proposition, we have been fortified with the decision of your Supreme Court inside 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(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The legislation enjoins the police to become scrupulously fair into the offender as well as the Magistracy is to be 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 topic of adverse comments from this Court along with from other courts However they have failed to 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 loads of this power casts an obligation to 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.
ten. Based on the findings in the inquiry committee, this petition will not be regarded maintainable and is particularly therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more
17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have listened to the learned counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(1) from the Illegal Dispossession Act 2005 to hand over possession in the subjected premises to your petitioner; that Illegal Dispossession Case needs to be decided via the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer inside the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this aspect for interim custody of the subject premises Should the 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
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are set up by executive businesses based on statutes.