When the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't experienced a chance to answer the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only accomplished When the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to lead evidence as well as petitioner company responded into the allegations therefore they were nicely aware of the allegations and led the evidence therefore this point is ofno use to become appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
How much sway case regulation holds may well differ by jurisdiction, and by the exact circumstances with the current case. To take a look at this concept, think about the following case legislation definition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5/2024 (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 discovered counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues from the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section 7(one) in the Illegal Dispossession Act 2005 handy over possession from the subjected premises to the petitioner; that Illegal Dispossession Case needs to generally be decided with the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer while in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this aspect for interim custody of the topic premises if 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.
Generally, the burden rests with litigants to appeal rulings (which include All those in crystal clear violation of recognized case regulation) for the higher courts. If a judge acts against precedent, plus the case is not appealed, the decision will stand.
For that reason, the petition and any related applications are dismissed. The Petitioner needs to go after his remedy through an appeal before the competent authority. If such an appeal has not nonetheless been decided, it should be addressed. Following that decision, the Petitioner may well then request further recourse before the Service Tribunal. Read more
Just a few years in the past, searching for case precedent was a tough and time consuming task, necessitating individuals to search through print copies of case regulation, or to purchase access to commercial online databases. Today, the internet has opened up a bunch of case legislation search choices, and a lot of sources offer free access to case legislation.
When the state court hearing the case reviews the law, he finds that, though it mentions large multi-tenant properties in certain context, it is actually quite imprecise about whether the ninety-day provision relates to all landlords. The judge, based about the specific circumstances of Stacy’s case, decides that all landlords are held on the 90-working day notice requirement, and rules in Stacy’s favor.
We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of regulation and to protect the rights and liberties guaranteed via the Constitution and laws of your United States and this State.
In certain jurisdictions, case legislation may be applied to ongoing adjudication; for example, criminal proceedings or family regulation.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives of the police would be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, assure law and order to protect citizens' lives and property. The regulation enjoins the police to get scrupulously fair on the offender and also the Magistracy is to make certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers get more info and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court as well as from other Courts, Nonetheless they have didn't have any corrective effect on it.
The Cornell Law School website offers many different information on legal topics, which includes citation of case legislation, and in some cases delivers a video tutorial on case citation.
A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must utilize the previous court’s decision in applying the regulation. This example of case regulation refers to two cases listened to within the state court, with the same level.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually effectively established now that the provision for proforma promotion is not alien or unfamiliar to your civil servant service construction but it's already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority might if glad that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to your Federation/ province within the higher post, direct that this sort of civil servant shall be paid the arrears of pay back and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 for the main case, It is usually a properly-recognized 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 achieve 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 while in the Stricto-Sensu, utilize 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 of your charge, however, that is subject on the procedure provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings on the evidence.