When the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not experienced a possibility to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only done if the employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence and also the petitioner company responded to your allegations therefore they were very well aware about the allegations and led the evidence as a result this point is ofno use being 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
Article 199 from the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It is effectively-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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 usually a free and democratic state, and once a person becomes a major he / she can marry whosoever he/she likes; If your parents with the boy or girl never approve of these inter-caste or interreligious marriage the utmost they can do if they might Lower off social relations with the son or even the daughter, Nevertheless 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 that's a major, the pair is neither harassed by any individual nor subjected to threats or acts of violence and anyone who provides these kinds of threats or harasses or commits acts of violence both himself or at his instigation, is taken to endeavor by instituting criminal proceedings with the police against this sort of persons and further stern action is taken against these kinds of person(s) as provided by legislation.
The lots of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. However it truly is made obvious that police is free to consider action against any person that's indulged in criminal activities subject matter to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-field duties during the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors 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 over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
145 . 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 on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
Apart from the rules of procedure for precedent, the weight specified to any reported judgment may possibly depend on the reputation of both the reporter along with the judges.[7]
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it is actually handy for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation for making an attempt to eliminate a case on advantage and more importantly when after more info recording of evidence it's got achieved to a stage of final arguments, endeavors should be made for merit disposal when it has attained these stage. Read more
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same sort of case.
The legislation of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called regulation of necessity..
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The legislation enjoins the police to become scrupulously fair towards the offender as well as the Magistracy is to make certain 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 legislation and order situation have been the subject of adverse comments from this Court as well as from other courts but 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. The lots of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.
Statutory laws are All those created by legislative bodies, which include Congress at both the federal and state levels. Although this style of regulation strives to shape our society, furnishing rules and guidelines, it would be not possible for just about any legislative body to anticipate all situations and legal issues.
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States also usually have courts that deal with only a specific subset of legal matters, like family law and probate. Case regulation, also known as precedent or common regulation, is definitely the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court as well as precedent, case regulation could possibly be binding or merely persuasive. For example, a decision with the U.S. Court of Appeals for your Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) just isn't strictly bound to Stick to the Fifth Circuit’s prior decision. Similarly, a decision by one district court in New York is not really binding on another district court, but the original court’s reasoning might help guide the second court in achieving its decision. Decisions via the U.S. Supreme Court are binding on all federal and state courts. Read more