Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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If the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't had an opportunity to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is normally only completed In case the employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to guide evidence and the petitioner company responded on the allegations as a result they were effectively conscious of the allegations and led the evidence therefore this point is ofno use to get seemed 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
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when The essential norm underlying a Constitution disappears and a new system is set in its place.
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police being scrupulously fair towards the offender as well as the Magistracy is to guarantee 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 subject of adverse comments from this Court and from other courts Nevertheless 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 ruling with the first court created case regulation that must be followed by other courts right until or Except possibly new legislation is created, or perhaps a higher court rules differently.
This is because transfer orders are typically deemed within the administrative discretion on the employer. However, there might be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the appropriate forum. Read more
Given that the Supreme Court is definitely the final arbitrator of all cases where the decision has long been achieved, therefore the decision with the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
During the United States, people are not needed to hire an attorney to represent them in both civil or criminal matters. Laypeople navigating the legal system on their very own can remember 1 rule of thumb when it comes to referring to case legislation or precedent in court documents: be as specific as feasible, leading the court, not only into the case, but to your section and paragraph containing the pertinent information.
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is anticipated that the persons acquiring their character earlier mentioned board, free from any moral stigma, are being inducted. Verification of character and antecedents is really a condition precedent for appointment to a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to the 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 do absent with the candidature of the petitioner. Read more
ten. Without touching the merits of your case in the issue of yearly here increases inside the pensionary emoluments on the petitioner, in terms of policy decision from the provincial government, these types of annual increase, if permissible while in the case of employees of KMC, involves further assessment being made by the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to comply with.
As a result, this petition is hereby disposed of inside the terms stated over. However no harassment shall be caused to possibly party and also the case shall be decided because of the competent court of regulation if pending. Read more
If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in any way for their actions. When the court delayed making this kind of ruling, the defendants took their request into the appellate court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely founded now that the provision for proforma promotion is just not alien or unfamiliar towards the civil servant service composition however it is already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority may well if contented that a civil servant who was entitled to become promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service to the Federation/ province from the higher post, direct that such civil servant shall be paid the arrears of pay back and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Therefore, this petition is found being not maintainable and is dismissed along with the pending application(s), as well as petitioners might seek remedies through the civil court process as discussed supra. Read more