Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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When the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply to the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only performed In the event 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 guide evidence and the petitioner company responded to your allegations as a result they were nicely mindful of the allegations and led the evidence as a result this point is ofno use to generally be 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
It is usually important to note that granting of seniority into a civil servant without the actual duration of service virtually violates your entire service structure for a civil servant inducted in Grade 17 by claiming these types of benefit without any experience be directly posted in any higher quality, which is neither the intention from the regulation nor on the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 is often a free and democratic state, and once a person becomes a major he / she can marry whosoever he/she likes; In the event the parents on the boy or Woman don't approve of this kind of inter-caste or interreligious marriage the most they could do if they will Slash off social relations with the son or perhaps 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 Lady that's major undergoes inter-caste or inter-religious marriage with a woman or gentleman that's a major, the pair is neither harassed by anyone nor subjected to threats or acts of violence and anyone who presents these threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to activity by instituting criminal proceedings because of the police against these kinds of persons and further stern action is taken against such person(s) as provided by legislation.
The plenty 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 just a crime, his constitutional and fundamental rights must not be violated. However it is made clear that police is free to take action against any person that's indulged in criminal activities subject matter to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-subject duties within the interim period. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion requires a transfer into a higher position with increased responsibilities and rank. Upgradation, around the other hand, supplies financial relief by positioning an employee inside a higher shell out scale, without altering their work duties or position. It is a mechanism designed to address the stagnation of employees who have remained during the same pay scale for an extended time, particularly when they absence alternatives for promotion. Upgradation is really a policy Device used to reduce the hardship of lengthy-term stagnation. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it demands legal transfer of title. Agreement to sell must be made and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in aid of the Supreme Court, making sure the enforcement of its judgments. Given that the Supreme Court could be the final arbitrator of all cases where the decision has actually been achieved, the decision in the Supreme Court needs to become taken care of as directed in terms of Article 187(two) with the Constitution. Read more
Several judgments have affirmed read more that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name on the ECL based about the criminal case are inconsistent with set up legal principles. For that reason, this petition must be allowed Read more
Only the written opinions from the Supreme Court and the Court of Appeals are routinely out there. Decisions on the lower (trial) courts are certainly not generally published or dispersed.
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 Concerning the second issue of non-service of grievance notice. Under Section 33 of your Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition could be dismissed. This is because service from the grievance notice is a mandatory requirement and a precondition for filing a grievance petition. The regulation necessitates that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. Should the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
Under Article 199, the court possesses the authority to review government policies for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. As a result, this petition is admissible based on founded court precedents, as well as the respondents' objections are overruled. Read more
In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Although the couple experienced two youthful children of their have at home, the social worker didn't inform them about the boy’s history of both being abused, and abusing other children. When she made her report for the court the following day, the worker reported the boy’s placement in the Roe’s home, but didn’t mention that the pair experienced younger children.
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Therefore, this petition is found to get not maintainable which is dismissed along with the pending application(s), as well as petitioners may perhaps look for remedies through the civil court process as discussed supra. Read more