case when law is silent Things To Know Before You Buy

In the event the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't experienced a possibility to reply to the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only finished if the employee can show that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence as well as petitioner company responded to the allegations as a result they were properly mindful of the allegations and led the evidence as such this point is ofno use to get 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 on the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It truly is very well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether All those 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(Creator) 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 CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have listened to the acquired counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues on the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(one) of the Illegal Dispossession Act 2005 to hand over possession of the subjected premises towards the petitioner; that Illegal Dispossession Case needs to become decided through the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this part for interim custody of the topic premises In the event 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.

The plenty 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. However it's made very clear that police is free to consider action against any person that is indulged in criminal activities subject matter to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-industry duties from the interim period. Read more

2299 of 2025. The findings are pending finalization and will be submitted without delay. They also stated that directives for strict compliance have been issued to all Karachi models, with non-compliance experiencing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They're directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. 12. This petition stands disposed of in the above mentioned terms. Read more

a hundred forty five . 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 moment Petition under Article 199 with the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of get more info action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.

Within the United States, courts exist on both the federal and state levels. The United States Supreme Court will be the highest court in the United States. Decreased courts around the federal level include things like the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, along with the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts hear cases involving matters related on the United States Constitution, other federal laws and regulations, and certain matters that include parties from different states or countries and large sums of money in dispute. Each individual state has its very own judicial system that features trial and appellate courts. The highest court in Each and every state is frequently referred to because the “supreme” court, While there are a few exceptions to this rule, for example, the Ny Court of Appeals or maybe the Maryland Court of Appeals. State courts generally listen to cases involving state constitutional matters, state law and regulations, Despite the fact that state courts might also generally hear cases involving federal laws.

Because of this, just citing the case is more more likely to annoy a judge than help the party’s case. Think about it as calling somebody to tell them you’ve found their lost phone, then telling them you live in these-and-these neighborhood, without actually giving them an address. Driving round the neighborhood wanting to find their phone is probably going to get more frustrating than it’s well worth.

163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is very well-settled that although taking into consideration the case of regular promotion of civil servants, the competent authority should evaluate the benefit of all the suitable candidates and after owing deliberations, to grant promotion to these qualified candidates that are found to get most meritorious among them. Because the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was ignored with the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.

five hundred,000/- (Rupees Five hundred thousand only) Just about every and also the same shall be held within the police station towards the effect that no harm shall be caused on the petitioners. 5. In view of the above mentioned, this Constitutional Petition is disposed of Read more

162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is properly-settled that the civil servants must first pursue internal appeals within ninety times. If the appeal isn't decided within that timeframe, he/she will then approach the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 days with the department to act has already expired. Over the aforesaid proposition, we have been guided because of the decision in the Supreme Court from the case of Dr.

The different roles of case legislation in civil and common regulation traditions create differences in the way 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 broader legal principles.

171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is properly proven now that the provision for proforma promotion is not alien or unfamiliar towards the civil servant service composition but it's already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may possibly if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

States also commonly have courts that cope with only a specific subset of legal matters, which include family legislation and probate. Case legislation, also known as precedent or common legislation, could be the body of prior judicial decisions that guide judges deciding issues before them. Depending over the relationship between the deciding court plus the precedent, case legislation can be binding or merely persuasive. For example, a decision via the U.S. Court of Appeals for the 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) is just not strictly bound to Stick to the Fifth Circuit’s prior decision. Similarly, a decision by 1 district court in The big apple will not be binding on another district court, but the original court’s reasoning may help guide the second court in reaching its decision. Decisions via the U.S. Supreme Court are binding on all federal and state courts. Read more

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