Facts About case law on status quo on transfer of legal shares Revealed
Facts About case law on status quo on transfer of legal shares Revealed
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In the event the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't experienced a chance to respond to the grievance and attempt to resolve it. In certain cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often 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 guide evidence along with the petitioner company responded towards the allegations therefore they were effectively aware about the allegations and led the evidence as such this point is ofno use 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
Article 199 on the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It truly is very well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Today educational writers in many cases are cited in legal argument and decisions as persuasive authority; typically, These are cited when judges are attempting to put into action reasoning that other courts have not yet adopted, or when the judge thinks the academic's restatement in the law is more persuasive than is usually found in case law. As a result common regulation systems are adopting among the techniques extensive-held in civil law jurisdictions.
This ruling has conditions, and Because the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. nine. In view of the above facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
2299 of 2025. The findings are pending finalization and will be submitted without delay. They also stated that directives for strict compliance have been issued to all Karachi models, with non-compliance facing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, they are directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above terms. Read more
one 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 moment Petition under Article 199 with the Constitution based about 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 during the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based on the same factual grounds. Even though a writ under Article 199 is out there in specific limited situations, it's generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-study witnesses and present his/her defense but didn't convince 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 often a free and democratic nation, and once a person becomes a major he or she can marry whosoever he/she likes; In case the parents from the boy or Female tend not to approve of this sort of inter-caste or interreligious marriage the most they could do if they are able to Slice off social relations with the son or the daughter, Nonetheless 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 Female who's major undergoes inter-caste or inter-religious marriage with a woman or male who is a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anyone who offers these threats or harasses or commits acts of violence either himself or at his instigation, is taken to undertaking by website instituting criminal proceedings through the police against these persons and further stern action is taken against this kind of person(s) as provided by legislation.
Only the written opinions of the Supreme Court along with the Court of Appeals are routinely accessible. Decisions on the lower (trial) courts will not be generally published or dispersed.
The legislation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called legislation of necessity..
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation on the police, they usually must bear in mind, as held by this Court from time to time in its numerous pronouncemnts, that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect instead of abduct. Read more
In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Even though the couple experienced two young children of their own at home, the social worker didn't notify them about the boy’s history of both being abused, and abusing other children. When she made her report on the court the following working day, the worker reported the boy’s placement from the Roe’s home, but didn’t mention that the few had young children.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is well founded now that the provision for proforma promotion is just not alien or unfamiliar on the civil servant service structure but it's already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority may if contented that a civil servant who was entitled to be promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service for the Federation/ province in the higher post, direct that these 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
The discovered Tribunal shall decide the case on merits, without being influenced by the findings from the Impugned order, after recording of evidence from the respective parties. Read more