Should the employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not experienced a possibility to respond to the grievance and attempt to resolve it. In a few cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only accomplished In the event 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 plus the petitioner company responded on the allegations as such they were well aware about the allegations and led the evidence therefore this point is ofno use to become 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-twenty five Approved for Reporting WhatsApp
A lower court may well not rule against a binding precedent, regardless of whether it feels that it truly is unjust; it could only express the hope that a higher court or the legislature will reform the rule in question. If the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the legislation evolve, it might both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts with the cases; some jurisdictions allow for any judge to recommend that an appeal be performed.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is actually a free and democratic state, and once a person becomes a major he or she can marry whosoever he/she likes; If your parents of the boy or girl usually do not approve of these kinds of inter-caste or interreligious marriage the most they can do if they can Slash off social relations with the son or maybe the daughter, Nonetheless 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 is major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is neither harassed by anybody nor subjected to threats or acts of violence and anyone who gives such threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to undertaking by instituting criminal proceedings with the police against these kinds of persons and further stern action is taken against these kinds of person(s) as provided by legislation.
When the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only accomplished When 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 along with the petitioner company responded towards the allegations as a result they were properly aware of the allegations and led the evidence as such this point is ofno use to get seemed into in constitutional jurisdiction at this stage. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion entails a go into a higher position with increased responsibilities and rank. Upgradation, on the other hand, delivers financial relief by positioning an employee within a higher pay scale, without shifting their job duties or position. It's a mechanism designed to address the stagnation of employees who have remained in the same pay out scale for a lengthy time, particularly when they absence prospects for promotion. Upgradation is a policy Instrument used to reduce the hardship of extensive-term stagnation. Read more
However it really is made distinct that police is free to acquire action against any person who's indulged in criminal activities subject to regulation. However no harassment shall be caused on the petitioner, if she acts within the bonds of law. Police shall also be certain respect of the family lose in accordance with legislation and should they have reasonable ground to prevent the congnizable offence they could check here act, as far as raiding the house is concerned the police shall safe concrete evidence and obtain necessary permission from the concerned high police official/Magistrate being a issue of security in the house is concerned, which isn't public place under the Act 1977. 9. Thinking of the aforementioned details, the objective of filing this petition continues to be realized. Consequently, this petition is hereby disposed of inside the terms stated over. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice in the Peace u/s 22-A just isn't obliged to afford an opportunity of hearing to your accused party; nor obliged to automatically or mechanically issue directions for registration of FIR; but is needed to contemplate all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are several of the relevant factors. Read more
In federal or multi-jurisdictional law systems there may exist conflicts between the various lessen appellate courts. Sometimes these differences is probably not resolved, and it may be necessary to distinguish how the regulation is applied in one district, province, division or appellate department.
On June 16, 1999, a lawsuit was filed on behalf on the boy by a guardian advert litem, against DCFS, the social worker, and the therapist. A similar lawsuit was also filed on behalf on the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court for just a dismissal based on absolute immunity, since they were all performing in their Careers with DCFS.
This Court could interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved by the disciplinary authority is based on no evidence. If the conclusion or finding is such as no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or maybe the finding and mold the relief to make it suitable to your facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. Within the aforesaid proposition, we have been fortified with the decision of your Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation around the police, and they must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect and not abduct. Read more
These lists are sorted chronologically by Chief Justice and involve all notable cases decided by the court. Articles exist for almost all cases.
Usually, only an appeal accepted via the court of very last resort will resolve these types of differences and, For a lot of reasons, this kind of appeals are often not granted.
refers to regulation that will come from decisions made by judges in previous cases. Case regulation, also known as “common law,” and “case precedent,” provides a common contextual background for certain legal concepts, And exactly how They're applied in certain types of case.
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