In case the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't had an opportunity to respond to the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only completed Should 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 as well as the petitioner company responded into the allegations as such they were nicely conscious of the allegations and led the evidence as a result this point is ofno use to become appeared 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

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when the basic norm underlying a Constitution disappears in addition to a new system is put in its place.

In case the DIGP finds evidence of a cognizable offense by possibly party, he shall direct the relevant SHO to record statements and continue according on the law. This petition stands disposed of in the above terms. Read more

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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 in the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.

These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—is definitely the principle by which judges are bound to this sort of past decisions, drawing on founded judicial authority to formulate their positions.

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 twelve Justice with the Peace u/s 22-A is not really obliged to afford a possibility of hearing to your accused party; nor obliged to automatically or mechanically issue directions for registration of FIR; but is needed to take into consideration all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a number of the relevant factors. Read more

For those who find an error in the material of a published opinion (like a misspelled name or possibly a grammatical error), please notify the Reporter of Decisions. TVW

161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, it is also a well-proven proposition of law 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter into the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings to the evidence.

five hundred,000/- (Rupees Five hundred thousand only) Just about every along with the same shall be stored inside the police station to your effect that no harm shall be caused towards the petitioners. 5. In website view of the above, this Constitutional Petition is disposed of Read more

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 within the police, and so they must bear in mind, as held by this Court from time to time in its several pronouncemnts, that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and not abduct. Read more

Any court may perhaps find to distinguish the present case from that of the binding precedent, to reach a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to a higher court.

156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion is the vested right of the civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular duration of service for turning into entitled to generally be regarded as for promotion to the higher grade, of course, is not really without logic since the officer who is originally inducted to a particular post needs to serve around the explained post to gain experience to hold the next higher post and to serve the public inside of a befitting method.

States also usually have courts that manage only a specific subset of legal matters, including family law and probate. Case law, also known as precedent or common law, is 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 legislation can 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) is not really strictly bound to Keep to the Fifth Circuit’s prior decision. Similarly, a decision by one particular district court in Ny isn't binding on another district court, but the original court’s reasoning might help guide the second court in achieving its decision. Decisions with the U.S. Supreme Court are binding on all federal and state courts. Read more