When the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not experienced a possibility to answer the grievance and attempt to resolve it. In certain cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only done In the event the employee can show that they'd a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence plus the petitioner company responded into the allegations as a result they were effectively mindful of the allegations and led the evidence as a result this point is ofno use for being appeared 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 decreased court may not rule against a binding precedent, regardless of whether it feels that it truly 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 believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the legislation 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 in the cases; some jurisdictions allow for just a judge to recommend that an appeal be performed.
fourteen. During the light from the position explained higher than, it is concluded that a civil servant includes a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the length of service or while 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This ruling has conditions, and Because the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. In view of the above mentioned facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
thirteen. The Supreme Court has held that when the act of misconduct is proven plus the employee is found guilty after due process of law, it's the prerogative with the employer to decide the quantum of punishment, out of the varied penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness on the act of misconduct is not adequate though the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful method. Read more
However it's made very clear that police is free to choose action against any person who is indulged in criminal activities topic to legislation. However no harassment shall be caused into the petitioner, if she acts within the bonds of regulation. Police shall also ensure respect in the family drop in accordance with legislation and whenever they have reasonable ground to prevent the congnizable offence they might act, so far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate being a issue of security with the house is concerned, which will not be public place under the Act 1977. nine. Thinking of the aforementioned details, the objective of filing this petition has been obtained. Therefore, this petition is hereby disposed of in the terms stated above. Read more
Law professors traditionally have played a much smaller role in establishing case regulation in common regulation than professors in civil regulation. Because court decisions in civil law traditions are historically brief[4] and never formally amenable to establishing precedent, much on the exposition with the regulation in civil regulation traditions is finished by teachers rather than by judges; this is called doctrine and will be published in treatises or in journals including Recueil Dalloz in France. Historically, common legislation courts relied minor on legal scholarship; Consequently, within the turn from the twentieth century, it absolutely was pretty rare to see an instructional writer quoted within a legal decision (besides Possibly to the educational writings of distinguished judges for example Coke and Blackstone).
Numerous judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name about the ECL based around the criminal case are inconsistent with founded legal principles. Consequently, this petition must be allowed Read more
In a few jurisdictions, case regulation could be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
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The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation within the police, and they must bear in mind, as held by this Court from time to time in its several pronouncemnts, that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and not abduct. Read more
In 1997, the boy was placed into the home of John and Jane Roe as a foster child. Although the few had two young children of their possess at home, the social worker did not convey to them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following working day, the worker reported the boy’s placement from the Roe’s home, but didn’t mention that the couple experienced youthful children.
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 forty six I have heard the discovered counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues from the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section 7(1) of your Illegal Dispossession Act 2005 handy over possession from the subjected premises into the petitioner; that Illegal Dispossession Case needs to generally be decided by 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 got to see this part for interim custody of the topic premises When the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more
Free database for searching federal court dockets and documents pulled from PACER. Coverage is just not in depth, but this is a wonderful starting point. See Background section at base of RECAP website for more information.