When the employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not had an opportunity to answer the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only completed When the employee can show that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to steer evidence and the petitioner company responded to the allegations as a result they were perfectly mindful of the allegations and led the evidence as such this point is ofno use to get 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

Article 199 of your Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It truly is well-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

fourteen. During the light on the position explained earlier mentioned, it really is concluded that a civil servant has 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 thought of for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or within 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

The lots of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it can be made crystal clear that police is free to choose action against any person that's indulged in criminal activities issue to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-subject duties inside the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp

This is because transfer orders are typically viewed as within the administrative discretion of the employer. However, there may very well be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the appropriate forum. Read more

These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Permit the decision stand"—could be the principle by which judges are bound to these past decisions, drawing on established judicial authority to formulate their positions.

In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year outdated boy from his home to protect him from the Terrible physical and sexual abuse he experienced endured in his home, and to prevent him from abusing other children in the home. The boy was placed within an unexpected emergency foster home, and was later shifted about within the foster care system.

The regulation as recognized in previous court rulings; like common legislation, which springs from judicial decisions and tradition.

161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It's also a effectively-set up proposition of legislation 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject matter into the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings over the evidence.

Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives from the police will be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, assure legislation and order to protect citizens' lives and property. The law enjoins the police being scrupulously fair to the offender plus the Magistracy is to make certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court as well as from other Courts, Nevertheless they have did not have any corrective effect on it.

Federalism also plays a major role in determining the authority of case law within a particular court. Indeed, Each and every circuit has its personal set of binding case regulation. Consequently, a judgment rendered from the Ninth Circuit will not be binding from the Second Circuit but will have persuasive authority.

If granted absolute immunity, the parties would not only be protected from liability while in the matter, but couldn't be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request to the appellate court.

We make no warranties or guarantees about the precision, completeness, or adequacy of your information contained on this site, or perhaps the information linked to on the state site. Some case metadata and case summaries were written with the help of click here AI, which can make inaccuracies. You should read the full case before counting on it for legal research purposes.

The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its unique purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more