In the event the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't had a chance to reply to the grievance and attempt to resolve it. In some cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only performed In case 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 lead evidence plus the petitioner company responded into the allegations as such they were perfectly mindful of the allegations and led the evidence as such this point is ofno use to be 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
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when The essential norm underlying a Constitution disappears along with a new system is put in its place.
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to become scrupulously fair into the offender plus the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the subject of adverse comments from this Court together with from other courts Nonetheless they have did not have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
This ruling has conditions, and since the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. nine. In view of the above facts and circumstances with 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 set up and the employee is found guilty after owing process of law, it's the prerogative from 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 just isn't proportionate with the seriousness of the act of misconduct is not really suitable but 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
Though there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds tiny sway. Still, if there is not any precedent while in the home state, relevant case law from another state could possibly be deemed because of the court.
From the United States, courts exist on both the federal and state levels. The United States Supreme Court would be the highest court inside the United States. Reduce courts to the federal level contain the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, as well as the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts hear cases involving matters related into the United States Constitution, other federal laws and regulations, and certain matters that contain parties from different states or countries and large sums of money in dispute. Every state has its own judicial system that includes trial and appellate courts. The highest court in Just about every state is frequently referred to as the “supreme” court, Whilst there are some exceptions to this rule, for example, the Big apple Court of Appeals or perhaps the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state law and regulations, While state courts may additionally generally hear cases involving federal laws.
S. Supreme Court. Generally speaking, proper case citation includes the names on the parties to the initial case, the court in which the case was listened to, the date it was decided, and the book in which it is actually recorded. Different citation requirements may possibly include italicized or underlined text, and certain specific abbreviations.
Summaries offer concise insights into the legal principles governing agreements between parties, such as the formation, interpretation, and enforceability of contracts, supplying a worthwhile resource for understanding contractual rights and obligations.
twelve. There isn't any denial from the fact that in Government service it is expected that the persons obtaining their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is usually a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to perform absent with the candidature in the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits may be withheld on account of your allegations leveled against the petitioner, inside our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for more info certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could be withheld or reduced. In some cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions established with the government.
These lists are sorted chronologically by Chief Justice and contain all notable cases decided with the court. Articles exist for almost all cases.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely founded now that the provision for proforma promotion is just not alien or unfamiliar to the civil servant service framework but it is already embedded in Fundamental Rule 17, wherein it can be lucidly enumerated that the appointing authority could if contented that a civil servant who was entitled to be promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service on the Federation/ province in the higher post, direct that these civil servant shall be paid the arrears of spend and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor degree(s) in the topic of cooperative societies. Read more