case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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Should the employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not had a possibility to answer the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only carried out When the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence plus the petitioner company responded to the allegations as such they were perfectly aware about the allegations and led the evidence as such this point is ofno use to generally be seemed 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
Some pluralist systems, for instance Scots legislation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, will not precisely healthy into the dual common-civil regulation system classifications. These types of systems may possibly have been heavily influenced through the Anglo-American common law tradition; however, their substantive legislation is firmly rooted while in the civil law tradition.
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 actually a free and democratic place, and once a person becomes a major he / she can marry whosoever he/she likes; Should the parents of the boy or Female never approve of this kind of inter-caste or interreligious marriage the most they are able to do if they might Minimize off social relations with the son or 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 girl who's major undergoes inter-caste or inter-religious marriage with a woman or person who's a major, the few is neither harassed by any one nor subjected to threats or acts of violence and anybody who gives these kinds of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings via the police against this kind of persons and further stern action is taken against this sort of person(s) as provided by legislation.
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 experienced a possibility to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only done When the employee can show that they'd a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to guide evidence as well as the petitioner company responded to the allegations therefore they were perfectly mindful of the allegations and led the evidence therefore this point is ofno use to get seemed into in constitutional jurisdiction at this stage. Read more
Therefore, this petition is found being not maintainable and is also dismissed along with the pending application(s), along with the petitioners may well seek remedies through the civil court process as discussed supra. Read more
In order to preserve a uniform enforcement of your laws, the legal system adheres to your doctrine of stare decisis
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 in a very criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring about exoneration from departmental charges based within the same factual grounds. Though a writ under Article 199 is out there in specific limited situations, it's 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-look at witnesses and present his/her defense but did not encourage the department of his/her innocence.
eleven . 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 really a free and democratic country, and once a person becomes a major she or he can marry whosoever he/she likes; When the parents on the boy or Lady do not approve of these inter-caste or interreligious marriage the maximum they're able to do if they will Reduce off social relations with the son or even the daughter, but 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 Female who's major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the pair is neither harassed by any individual nor subjected to threats or acts of violence and anyone who offers these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings through the police against this sort of persons and further stern action is taken against these kinds of person(s) as provided by legislation.
Case regulation, also used interchangeably with common regulation, is often a legislation that is based on precedents, that may be the judicial decisions from previous cases, relatively than legislation based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Touching on the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition could be dismissed. This is because service of your grievance notice is actually a mandatory prerequisite in addition to a precondition for filing a grievance petition. The law demands that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. Should the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
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 be scrupulously fair to the offender plus the Magistracy more info 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 regulation and order situation have been the topic of adverse comments from this Court as well as from other courts Nevertheless they have didn't have any corrective effect on it.
The different roles of case law in civil and common law traditions create differences in how that courts render decisions. Common law 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 set up now that the provision for proforma promotion is not really alien or unfamiliar for the civil servant service composition but it is already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may perhaps if pleased that a civil servant who was entitled to get promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service for the Federation/ province during the higher post, direct that these kinds of civil servant shall be paid the arrears of pay and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its authentic purpose and called for educational programs Bachelor diploma(s) in the subject of cooperative societies. Read more