The Basic Principles Of engagement case law in pakistan
If the employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not experienced a chance to answer the grievance and attempt to resolve it. In a few cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only performed If your employee can show that they'd a good reason for not serving the grievance notice. While in the present case, the parties were allowed to steer evidence along with the petitioner company responded to the allegations therefore they were well aware of the allegations and led the evidence as a result this point is ofno use to be looked 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 WhatsAppA reduced court might not rule against a binding precedent, whether or not it feels that it's unjust; it could only express the hope that a higher court or even the legislature will reform the rule in question. In the event the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the legislation evolve, it may possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow for any judge to recommend that an appeal be carried out.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The legislation enjoins the police to become scrupulously fair to your offender as well as the Magistracy is to guarantee 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 legislation and order situation have been the subject of adverse comments from this Court in addition to from other courts However they have failed to have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
When 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 respond to the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only finished Should the employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to steer evidence as well as petitioner company responded into the allegations therefore they were perfectly aware of the allegations and led the evidence therefore this point is ofno use for being seemed into in constitutional jurisdiction at this stage. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained through the disciplinary authority is based on no evidence. If the conclusion or finding is for instance no reasonable person would have ever reached, the Court might interfere with the summary or perhaps the finding and mould the relief to make it ideal to the facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or even the nature of punishment. On the aforesaid proposition, we have been fortified by the decision from the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
As being the Supreme Court could be the final arbitrator of all cases where the decision has actually been arrived at, therefore the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(2) with the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The Roes accompanied the boy to his therapy sessions. When they were advised from the boy’s past, they requested if their children were Secure with him in their home. The therapist certain them that they had very little to worry about.
However it is made very clear that police is free to acquire action against any person that's indulged in criminal activities topic to law. However no harassment shall be caused for the petitioner, if she acts within the bonds of regulation. Police shall also guarantee regard of your family get rid of in accordance with legislation and should they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall protected concrete evidence and acquire necessary permission from the concerned high police official/Magistrate as a issue of security of your house is concerned, which is not public place under the Act 1977. nine. Thinking of the aforementioned details, the objective of filing this petition has been achieved. Consequently, this petition is hereby disposed of in the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads forty Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
Summaries offer concise insights into the legal principles governing agreements between parties, including the formation, interpretation, and enforceability of contracts, delivering a worthwhile resource for understanding contractual rights and obligations.
Article 199 from the Constitution allows High Court intervention only when "no other ample remedy is provided by law." It truly is well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation around the police, and they must bear in mind, as held by this Court from time to time in its various 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 and not abduct. Read more
These lists are sorted chronologically by Chief Justice and involve all notable cases decided with the court. Articles exist for almost all cases.
17 . 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 2025 SHC KHI forty six I have listened to the discovered counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as 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) with the Illegal Dispossession Act 2005 handy over possession with the subjected premises towards the petitioner; that Illegal Dispossession Case needs to become decided via the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this part for interim custody of the topic premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. 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 well-set up 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 succeed in a finding of fact or conclusion. 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, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that click here is matter to your procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings over the evidence.