In case the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't experienced a possibility to answer the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only accomplished if the employee can show that that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence plus the petitioner company responded to the allegations therefore they were effectively conscious of the allegations and led the evidence therefore this point is ofno use to get 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-twenty five Approved for Reporting WhatsApp
A reduced court may well not rule against a binding precedent, although it feels that it can be unjust; it might only express the hope that a higher court or the legislature will reform the rule in question. In the event the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the law evolve, it could both 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 to get a judge to recommend that an appeal be completed.
As being the Supreme Court is the final arbitrator of all cases where the decision is attained, therefore the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) of your Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
This ruling has conditions, and Because the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained through the disciplinary authority is based on no evidence. Should the conclusion or finding is like no reasonable person would have ever reached, the Court might interfere with the conclusion or the finding and mold the relief to really make it ideal into the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we are fortified by the decision with the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
one hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 with the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice in the Peace u/s 22-A is just not obliged to afford an opportunity of hearing into the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to contemplate all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a number of the relevant factors. Read more
We have been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and also to protect the rights and liberties guaranteed via the Constitution and laws in the United States and this State.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, Additionally it is a effectively-established proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject matter here on the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings over the evidence.
500,000/- (Rupees 5 hundred thousand only) Every single as well as same shall be kept while in the police station into the effect that no harm shall be caused to your petitioners. five. In view of the above, this Constitutional Petition is disposed of Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is very well-settled that the civil servants must first go after internal appeals within ninety times. If your appeal is not really decided within that timeframe, he/she will be able to then approach the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 days to the department to act has already expired. About the aforesaid proposition, we're guided through the decision on the Supreme Court within the case of Dr.
In 1997, the boy was placed into the home of John and Jane Roe for a foster child. Although the couple experienced two young children of their possess at home, the social worker didn't notify 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 within the Roe’s home, but didn’t mention that the few experienced youthful children.
Where there are several members of the court deciding a case, there can be one particular or more judgments supplied (or reported). Only the reason to the decision in the majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning could possibly be adopted within an argument.
Free database for searching federal court dockets and documents pulled from PACER. Coverage will not be complete, but this is an excellent starting point. See Background section at base of RECAP website for more information.