When the employee fails to serve a grievance notice, the NIRC may possibly 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 may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only performed Should the employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence and also the petitioner company responded on the allegations as such they were effectively aware 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
A reduced court may well not rule against a binding precedent, whether or not it feels that it really is unjust; it may only express the hope that a higher court or even the legislature will reform the rule in question. In case the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the regulation evolve, it could either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts on the cases; some jurisdictions allow for the judge to recommend that an appeal be completed.
14. From the light on the position explained earlier mentioned, it really is concluded that a civil servant incorporates a fundamental right for being 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 have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the length of service or from 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary for the determination with the current case are called obiter dicta, which constitute persuasive authority but will not be technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not apply, since the criminal Court hasn't convicted the petitioner, instead he has become acquitted on the criminal charges based on evidence and it really is perfectly-settled law that once the civil servant is acquitted within the criminal case, then on this extremely charge he cannot be awarded in any punishment from the department and held him disqualified with the post because acquittal for all long run purposes. The aforesaid proposition has become set at naught from the Supreme Court of Pakistan during the case from the District Police Officer Mainwali and a couple of others v.
Just a few years ago, searching for case precedent was a difficult and time consuming task, requiring individuals to search through print copies of case legislation, or to buy access to commercial online databases. Today, the internet has opened up a bunch of case regulation search prospects, and many sources offer free access to case legislation.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based on the same factual grounds. When a writ under Article 199 is out there in specific limited situations, it truly is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-take a look at witnesses and present his/her defense but did not influence the department of his/her innocence.
Because of this, just citing the case is more prone to annoy a judge than help the party’s case. Think of it as calling someone to tell them you’ve found their shed phone, then telling them you live in these kinds of-and-these kinds of neighborhood, without actually supplying them an address. Driving round the neighborhood trying to find their phone is likely to generally be more frustrating than it’s truly worth.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is perfectly-settled that even though thinking about the case of normal promotion of civil servants, the competent authority should look at the merit of many of the qualified candidates and after owing deliberations, to grant promotion to this sort of eligible candidates who are found to generally be most meritorious among them. For the reason that petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was dismissed because of the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy to the part with the respondent department.
five hundred,000/- (Rupees Five hundred thousand only) each plus the same shall be retained while in the police station towards the effect that no harm shall be caused on the petitioners. five. In view of the above mentioned, this Constitutional Petition is disposed of Read more
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to generally be scrupulously fair on the offender and the Magistracy is to be 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 regulation and order situation have been the subject of adverse comments from this Court in addition to from other courts However they have did not have read more any corrective effect on it.
ten. Based on the findings from the inquiry committee, this petition is not really regarded maintainable and is also therefore liable to generally be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Preceding four tax years interpreted. It is not from the date of finalisation of audit but from the tax year involved. Read more
Criminal cases Within the common regulation tradition, courts decide the law applicable to some case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. In contrast to most civil law systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions steady with the previous decisions of higher courts.