case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
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If your employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not experienced a possibility to respond 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 often only carried out In the event the employee can show that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to guide evidence as well as the petitioner company responded to your allegations as a result they were perfectly mindful of the allegations and led the evidence as such this point is ofno use to be 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-twenty five Approved for Reporting WhatsApp
A lessen court may not rule against a binding precedent, although it feels that it's unjust; it may well only express the hope that a higher court or even 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 legislation evolve, it could either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts on the cases; some jurisdictions allow for your judge to recommend that an appeal be performed.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 forty six SHC Citation: SHC-252218 Tag:I have listened to the realized counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues in the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(one) of the Illegal Dispossession Act 2005 at hand over possession in the subjected premises to the petitioner; that Illegal Dispossession Case needs to generally be decided through the competent court after hearing the parties if pending because 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 has got to see this element for interim custody of the subject premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
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149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
145 . 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 moment Petition under Article 199 of your Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
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168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it's effortless for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to eliminate a case on benefit and more importantly when after recording of evidence it has attained to a stage of final arguments, endeavors should be made for benefit disposal when it's arrived at these stage. Read more
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling around the same form of case.
twelve. There is not any denial from the fact that in Government service it is anticipated that the persons getting their character higher than board, free from any moral stigma, are to get inducted. Verification of character and antecedents is often a condition precedent for appointment to some Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete absent with the check here candidature on the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
Under Article 199, the court possesses the authority to review government procedures for reasonableness if applicable in respondent university and to safeguard aggrieved parties' rights. Therefore, this petition is admissible based on proven court precedents, and the respondents' objections are overruled. Read more
If granted absolute immunity, the parties would not only be protected from liability from the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request to your appellate court.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion may be the vested right of the civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for starting to be entitled to become regarded for promotion to the higher grade, of course, will not be without logic because the officer that is initially inducted into a particular post needs to provide within the said post to gain experience to hold the next higher post and also to serve the public inside of a befitting method.
Summaries supply a condensed overview of offences and their penalties, as well as the procedural aspects of prosecuting and punishing individuals accused of committing crimes.