Should the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not had an opportunity to respond to the grievance and attempt to resolve it. In some cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only finished if the employee can show that they'd a good reason for not serving the grievance notice. In the present case, the parties were allowed to guide evidence along with the petitioner company responded for the allegations therefore they were effectively aware about the allegations and led the evidence as a result this point is ofno use to become looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have read the discovered counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues from the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(1) from the Illegal Dispossession Act 2005 at hand over possession on the subjected premises towards the petitioner; that Illegal Dispossession Case needs for being decided by the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer within the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this component for interim custody of the topic premises If your 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.
The ruling with the first court created case regulation that must be accompanied by other courts right up until or Except if possibly new regulation is created, or maybe a higher court rules differently.
This is because transfer orders are typically regarded as within the administrative discretion from the employer. However, there may very well be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge click here before the suitable forum. Read more
For the foregoing reasons the instant suit is dismissed with no order concerning cost. Office to prepare decree in the above terms. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically lead to exoneration from departmental charges based within the same factual grounds. Though a writ under Article 199 is accessible in specific limited situations, it truly is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-look at witnesses and present his/her defense but did not persuade the department of his/her innocence.
The law as established in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
In a few jurisdictions, case regulation may be applied to ongoing adjudication; for example, criminal proceedings or family law.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained because of the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever achieved, the Court may well interfere with the conclusion or even the finding and mildew the relief to make it suitable into the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or even the nature of punishment. About the aforesaid proposition, we've been fortified with the decision with the 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-25 Approved for Reporting WhatsApp
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 around the police, they usually must bear in mind, as held by this Court from time to time in its numerous 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 necessary to protect instead of abduct. Read more
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Because the Supreme Court is the final arbitrator of all cases where the decision has long been reached, therefore the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(two) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), and the petitioners could seek remedies through the civil court process as discussed supra. Read more