famous case laws in pakistan Secrets
famous case laws in pakistan Secrets
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If your employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't experienced a possibility to reply to the grievance and attempt to resolve it. In some cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only finished if the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to lead evidence and also the petitioner company responded into the allegations as a result they were effectively conscious of the allegations and led the evidence as a result this point is ofno use being seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
Some pluralist systems, which include Scots regulation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, will not specifically healthy into the dual common-civil regulation system classifications. These types of systems may well have been greatly influenced because of the Anglo-American common legislation tradition; however, their substantive legislation is firmly rooted inside the civil law tradition.
14. In the light of your position explained previously mentioned, it really is concluded that a civil servant contains a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the length of service or during 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The ruling on the first court created case law that must be followed by other courts until or Until either new legislation is created, or a higher court rules differently.
This is because transfer orders are typically viewed as within the administrative discretion of the employer. However, there can be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the suitable forum. Read more
a hundred forty five . 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 instant Petition under Article 199 with the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
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eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is often a free and democratic state, and once a person becomes a major he or she can marry whosoever he/she likes; In the event the parents of your boy or Woman will not approve of this sort of inter-caste or interreligious marriage the utmost they will do if they are able to Minimize off social relations with the son or maybe the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who's major undergoes inter-caste or inter-religious marriage with a woman or man that is a major, the pair is neither harassed by any one nor subjected to threats or acts of violence and anybody who gives these threats or harasses or commits acts of violence both himself or at his instigation, is taken to undertaking by instituting criminal proceedings from the police against these kinds of persons and further stern action is taken against these kinds of person(s) as provided by legislation.
On June sixteen, 1999, a lawsuit was filed on behalf with the boy by a guardian advertisement litem, against DCFS, the social worker, plus the therapist. A similar lawsuit was also filed on behalf on the Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for a dismissal based on absolute immunity, as they were all acting in their jobs with DCFS.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Touching on the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition could be dismissed. This is because service in the grievance notice can be a mandatory requirement plus a precondition for filing a grievance petition. The legislation involves that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. If the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
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 can be withheld on account in the allegations leveled against the petitioner, inside our view, section twenty of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension might be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension might be withheld or reduced. If a civil servant is convicted of a significant crime, their pension can be withheld or reduced. In a few cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established via the government.
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Where there are several members of click here the court deciding a case, there may very well be just one or more judgments provided (or reported). Only the reason with the decision on the majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning may very well be adopted in an argument.
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are set up by executive organizations based on statutes.