Should the employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not experienced an opportunity to answer the grievance and attempt to resolve it. In certain cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only done In the event the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to lead evidence and also the petitioner company responded into the allegations therefore they were very well aware about the allegations and led the evidence as such 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-25 Approved for Reporting WhatsApp
A reduced court may not rule against a binding precedent, whether or not it feels that it truly is unjust; it might only express the hope that a higher court or maybe the legislature will reform the rule in question. Should the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the legislation evolve, it might possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow for your judge to recommend that an appeal be carried out.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is a free and democratic place, and once a person becomes a major she or he can marry whosoever he/she likes; If your parents in the boy or Lady never approve of this kind of inter-caste or interreligious marriage the utmost they will do if they can cut off social relations with the son or perhaps the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl that's major undergoes inter-caste or inter-religious marriage with a woman or gentleman that is a major, the few is neither harassed by any individual nor subjected to threats or acts of violence and anyone who offers these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to process by instituting criminal proceedings through the police against this kind of persons and further stern action is taken against this kind of person(s) as provided by legislation.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to your determination of the current case are called obiter dicta, which represent persuasive authority but are usually not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]
Consequently, the petition and any related applications are dismissed. The Petitioner should pursue his remedy through an appeal before the competent authority. If this sort of an appeal has not nonetheless been decided, it should be addressed. Following that decision, the Petitioner may possibly then request further recourse before the Service Tribunal. Read more
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—could be the principle by which judges are bound to these past decisions, drawing on set up 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 within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based over the same factual grounds. Though a writ under Article 199 is on the market in specific limited situations, it can be generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-study witnesses and present his/her defense but did not persuade the department of his/her innocence.
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ten. Without touching the merits in the case of the issue of yearly increases from the pensionary emoluments on the petitioner, in terms of policy decision of the provincial government, these kinds of yearly increase, if permissible inside the case of employees of KMC, needs further assessment to be made through the court of plenary jurisdiction. KMC's reluctance as a result 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
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 of your police is always to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, assure regulation and order to protect citizens' lives and property. The legislation enjoins the police to get scrupulously fair to the offender as well as the Magistracy is to ensure 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 subject of adverse comments from this Court and from other Courts, Nonetheless they have did not 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 from the respondents that pensionary benefits might be withheld on account in the allegations leveled against the petitioner, within our view, section 20 of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. company law cases and materials However, the act does offer for certain circumstances under which a civil servant's pension can be withheld or reduced. These consist of 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 serious crime, their pension can be withheld or reduced. In a few cases, a civil servant's pension may very well be withheld or reduced if he/she fails to comply with certain conditions set with the government.
In 1997, the boy was placed into the home of John and Jane Roe as a foster child. Even though the pair had two younger children of their possess at home, the social worker didn't tell them about the boy’s history of both being abused, and abusing other children. When she made her report for the court the following working day, the worker reported the boy’s placement in the Roe’s home, but didn’t mention that the few experienced youthful children.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly proven now that the provision for proforma promotion is just not alien or unfamiliar to your civil servant service composition but it's already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may possibly if satisfied that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service on the Federation/ province during the higher post, direct that these kinds of civil servant shall be paid the arrears of pay and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Rulings by courts of “lateral jurisdiction” are certainly not binding, but might be used as persuasive authority, which is to provide substance for the party’s argument, or to guide the present court.