famous case laws in pakistan Secrets
famous case laws in pakistan Secrets
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If your employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not had an opportunity to reply to the grievance and attempt to resolve it. In certain cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only accomplished if 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 lead evidence along with the petitioner company responded towards the allegations as a result they were nicely aware of the allegations and led the evidence therefore this point is ofno use to get seemed 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-twenty five Approved for Reporting WhatsApp
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 can be a free and democratic region, and once a person becomes a major she or he can marry whosoever he/she likes; if the parents from the boy or girl usually do not approve of this sort of inter-caste or interreligious marriage the utmost they are able to do if they are able to Lower off social relations with the son or even the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who's major undergoes inter-caste or inter-religious marriage with a woman or person who is a major, the few is neither harassed by anybody nor subjected to threats or acts of violence and anybody who presents these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to undertaking by instituting criminal proceedings because of the police against this kind of persons and further stern action is taken against this kind of person(s) as provided by regulation.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary for the determination on the current case are called obiter dicta, which constitute persuasive authority but usually are not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some size, both parties have agreed to the disposal of the moment petition within the premise that the DIGP Malir will hear the petitioner together with private respondents and will just take care of each of the aspects of the case and assure that no harassment shall be caused to both the parties.
Lots of the volumes (which includes more recent volumes than the library's holdings) also are out there online through the Caselaw Access Project.
Summaries offer a concise insight into the realm of dispute resolution outdoors traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts quickly and successfully.
In federal or multi-jurisdictional regulation systems there may possibly exist conflicts between the assorted lower appellate courts. Sometimes these differences may not be resolved, and it might be necessary to distinguish how the law check here is applied in a single district, province, division or appellate department.
The DCFS social worker in charge of your boy’s case experienced the boy made a ward of DCFS, As well as in her 6-month report to the court, the worker elaborated about the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
The regulation of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called regulation of necessity..
Federalism also performs a major role in determining the authority of case legislation in a particular court. Indeed, Just about every circuit has its individual set of binding case law. Due to this fact, a judgment rendered during the Ninth Circuit will not be binding within the Second Circuit but will have persuasive authority.
The reason for this difference is that these civil regulation jurisdictions adhere to a tradition that the reader should be capable of deduce the logic from the decision plus the statutes.[four]
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly founded now that the provision for proforma promotion is just not alien or unfamiliar towards the civil servant service framework but it is already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority might if contented that a civil servant who was entitled to become promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service on the Federation/ province in the higher post, direct that these types of civil servant shall be paid the arrears of pay out and allowances of these types 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 on the main case, it is also a very well-set up proposition of legislation 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 succeed in 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 in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter into the procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings about the evidence.