When the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not experienced an opportunity to respond to the grievance and attempt to resolve it. In some cases, the NIRC may perhaps allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only done In the event 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 lead evidence along with the petitioner company responded to your allegations therefore they were well aware of the allegations and led the evidence therefore this point is ofno use to be looked 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-25 Approved for Reporting WhatsApp
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified when The essential norm underlying a Constitution disappears along with a new system is put in its place.
If your DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and commence according for the law. This petition stands disposed of in the above mentioned terms. Read more
The lots of this power casts an obligation over 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 is actually made clear that police is free to choose action against any person who's indulged in criminal activities topic to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-subject duties inside the interim period. Read more
This is because transfer orders are typically thought of within the administrative discretion of the employer. However, there may be exceptions in cases where the transfer is inspired by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the right forum. Read more
The proposal appears to be reasonable and acceded to. While in the meantime police shall remain neutral in the private dispute between the parties, however, if any from the individuals is indulged in criminal exercise the police shall consider prompt action against them under legislation. five. The moment petition is disposed of in the above mentioned terms. Read more
Apart from the rules of procedure for precedent, the weight offered to any reported judgment may perhaps rely upon the reputation of both the reporter and also the judges.[seven]
In federal or multi-jurisdictional law systems there may well exist conflicts between the different lessen appellate courts. Sometimes these differences will not be resolved, and it may be necessary to distinguish how the legislation is applied in a single district, province, division or appellate department.
Case regulation, also used interchangeably with common regulation, is usually a legislation that is based on precedents, that would be the judicial decisions from previous cases, fairly than law based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
twelve. There is no 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 generally be inducted. Verification of character and antecedents is usually a condition precedent for appointment to your 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 into a 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 away with the candidature from the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually properly-settled that the read more civil servants must first pursue internal appeals within ninety times. If the appeal isn't decided within that timeframe, he/she can then strategy 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, as the 90 times with the department to act has already expired. Around the aforesaid proposition, we have been guided with the decision from the Supreme Court inside the case of Dr.
ten. Based about the findings in the inquiry committee, this petition just isn't regarded as maintainable and is particularly therefore liable for being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent as well as case under appeal, Most likely overruling the previous case regulation by setting a completely new precedent of higher authority. This may well come about several times since the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later from the Court of Appeal, provided a famous example of this evolutionary process in his progress in the concept of estoppel starting within the High Trees case.
Summaries provide a condensed overview of offences and their penalties, and also the procedural aspects of prosecuting and punishing individuals accused of committing crimes.