Top Guidelines Of kartar singh tpa 34 case law
Top Guidelines Of kartar singh tpa 34 case law
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In case the employee fails to provide a grievance notice, the NIRC may perhaps 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 some cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only completed If your employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to lead evidence as well as the petitioner company responded towards the allegations as a result they were very well mindful of the allegations and led the evidence as a result this point is ofno use to generally be 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-25 Approved for Reporting WhatsApp
Article 199 of the Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It's very well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
However, decisions rendered with the Supreme Court with the United States are binding on all federal courts, and on state courts regarding issues of the Constitution and federal legislation.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination on the current case are called obiter dicta, which represent persuasive authority but aren't technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]
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 moment Petition under Article 199 on the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
In order to preserve a uniform enforcement on the laws, the legal system adheres to the doctrine of stare decisis
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11 . 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 actually a free and democratic state, and once a person becomes a major she or he can marry whosoever he/she likes; if the parents with the boy or Lady usually do not approve of this sort of inter-caste or interreligious marriage the maximum they're able to do if they are able to cut off social relations with the son or maybe the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who is major undergoes inter-caste or inter-religious marriage with a woman or person who's a major, the few is neither harassed by any person nor subjected to threats or acts of violence and anybody who provides such 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 this sort of persons and further stern action is taken against these kinds of person(s) as provided by regulation.
In certain jurisdictions, case regulation is often applied to ongoing adjudication; for example, criminal proceedings or family regulation.
five hundred,000/- (Rupees Five hundred thousand only) Every plus the same shall be saved inside the police station into the effect that no harm shall be caused for the petitioners. 5. In view of the above, this Constitutional Petition is disposed of Read more
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 for being scrupulously fair into the offender along with the Magistracy is to make sure 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 law and order situation have been the topic of adverse comments from this Court together with from other courts Nevertheless 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 a lot 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 a crime, his constitutional and fundamental rights must not be violated.
The different roles of case legislation in civil and common regulation traditions create differences in the way in which that courts render decisions. Common legislation courts generally explain in detail the legal rationale at the rear of their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the wider legal principles.
seventeen . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have listened to the figured out counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of your matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section 7(1) from the Illegal Dispossession Act 2005 at hand over possession on the subjected premises towards the petitioner; that Illegal Dispossession Case needs to become decided via the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this element for interim custody of the subject premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, It is usually a well-set up 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the more info charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings about the evidence.