famous case laws in pakistan Secrets
famous case laws in pakistan Secrets
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In case the employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not had an opportunity to respond to the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only completed In case the employee can show that they'd a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence and the petitioner company responded to your allegations therefore they were very well aware of the allegations and led the evidence therefore this point is ofno use to be seemed 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
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a lot of this power casts an obligation to 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. Read more
fourteen. Within the light with the position explained earlier mentioned, it is concluded that a civil servant incorporates a fundamental right to generally be 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 very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or in 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-twenty five Approved for Reporting WhatsApp
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For that reason, the petition and any related applications are dismissed. The Petitioner has to go after his remedy through an appeal before the competent authority. If such an appeal hasn't yet been decided, it should be addressed. Following that decision, the Petitioner may possibly then seek out further recourse before the Service Tribunal. Read more
In order to preserve a uniform enforcement from the laws, the legal system adheres to the doctrine of stare decisis
All executive and judicial authorities throughout Pakistan are obligated to act in support from the Supreme Court, ensuring the enforcement of its judgments. Because the Supreme Court will be the final arbitrator of all cases where the decision has been arrived at, the decision of the Supreme Court needs to be taken care of as directed in terms of Article 187(2) from the Constitution. Read more
We're an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of regulation and to protect the rights and liberties guaranteed with the Constitution and laws with the United States and this State.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It is usually a very well-recognized 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence inside the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is issue to your procedure provided under the relevant rules instead of 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 reach at its independent findings around the evidence.
Summaries offer concise explanations of legal principles and significant cases get more info pertaining to land ownership, real estate transactions, property rights, and related matters, assisting you in understanding the intricacies of land and property regulation.
As a result, this petition is hereby disposed of within the terms stated over. However no harassment shall be caused to either party and also the case shall be decided via the competent court of regulation if pending. Read more
ten. Based about the findings of your inquiry committee, this petition just isn't considered maintainable and is particularly therefore liable for being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion is the vested right of the civil servant, therefore, neither any seniority nor any promotion could possibly be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular size of service for turning into entitled to generally be regarded as for promotion to your higher grade, of course, is just not without logic as the officer that's at first inducted into a particular post needs to provide within the explained post to gain experience to hold the next higher post and also to provide the public in a befitting way.
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 diploma(s) in the subject of cooperative societies. Read more