Should the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to respond 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 often only carried out In case the employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence along with the petitioner company responded for the allegations as a result they were effectively aware of the allegations and led the evidence as a result this point is ofno use for being 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
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a good amount of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. Read more
What's more, it addresses the limitation period under Article ninety one and 120 on the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. 9. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
Therefore, this petition is found to become not maintainable and is particularly dismissed along with the pending application(s), as well as petitioners could look for remedies through the civil court process as discussed supra. 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 instant Petition under Article 199 from the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
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 12 Justice with the Peace u/s 22-A is not obliged to afford an opportunity of hearing to your accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is needed to consider all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more
Various judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name within the ECL based on the criminal case are inconsistent with proven legal principles. Therefore, this petition must be allowed Read more
In a few jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
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 Referring to the second issue of non-service of grievance notice. Under Section 33 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition might be dismissed. This is because service of the grievance notice is usually a mandatory need in addition to a precondition for filing a grievance petition. The regulation necessitates that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. If your 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.
Under Article 199, the court possesses the authority to review government policies for reasonableness if applicable in respondent university and to safeguard aggrieved parties' rights. As a result, this petition is admissible based on founded court precedents, along with the respondents' objections are overruled. Read more
The different roles of case law in civil and common legislation traditions create differences in the way that courts render decisions. Common legislation courts generally explain in detail the legal rationale at the rear of more info their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the broader legal principles.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are set up by executive agencies based on statutes.