The smart Trick of ejusdem generis case laws That No One is Discussing
The smart Trick of ejusdem generis case laws That No One is Discussing
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In the event the employee fails to serve a grievance notice, the NIRC may perhaps 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 certain cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only accomplished if the employee can show that that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to steer evidence plus the petitioner company responded into the allegations as a result they were well mindful of the allegations and led the evidence as such this point is ofno use for being 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-25 Approved for Reporting WhatsApp
Article 199 on the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It's well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 actually a free and democratic region, and once a person becomes a major she or he can marry whosoever he/she likes; In the event the parents from the boy or Lady usually do not approve of such inter-caste or interreligious marriage the maximum they can do if they might cut off social relations with the son or maybe the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl that's major undergoes inter-caste or inter-religious marriage with a woman or male that is a major, the few is neither harassed by everyone nor subjected to threats or acts of violence and anyone who presents this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to process by instituting criminal proceedings from the police against such persons and further stern action is taken against this sort of person(s) as provided by law.
Normally, the burden rests with litigants to appeal rulings (which include All those in crystal clear violation of recognized case regulation) to your higher courts. If a judge acts against precedent, as well as case is just not appealed, the decision will stand.
For that reason, the petition and any related applications are dismissed. The Petitioner has to pursue his remedy through an appeal before the competent authority. If these kinds of an appeal hasn't nonetheless been decided, it should be addressed. Following that decision, the Petitioner might then find further recourse before the Service Tribunal. Read more
Generally speaking, higher courts don't have direct oversight over the reduced courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments on the decreased courts.
During the United States, persons are not required to hire an attorney to represent them in both civil or criminal matters. Laypeople navigating the legal system on their individual can remember 1 rule of thumb when it concerns referring to case regulation or precedent in court documents: be as specific as possible, leading the court, not only for the case, but into the section and paragraph containing the pertinent information.
The court system is then tasked with interpreting the regulation when it can be unclear how it applies to any given situation, generally rendering judgments based about the intent of lawmakers as well as the circumstances in the case at hand. This kind of decisions become a guide for future similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, Additionally it is a properly-founded proposition of regulation 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter on the procedure provided under the relevant rules rather than 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 within the evidence.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives on the police will be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, be certain legislation and order to protect citizens' lives and property. The law enjoins the police to be scrupulously fair to the offender as well as Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the legislation and order situation have been the topic of adverse comments from this Court and from other Courts, However they have didn't have any corrective effect on it.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance on the respondents that pensionary benefits might be withheld on account of the allegations leveled against the petitioner, inside our view, section 20 on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a significant crime, their pension might be withheld or reduced. In certain cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set with the government.
The different roles of case law in civil and common law traditions create differences in the best way that courts render decisions. Common regulation courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly set up now that the provision for proforma promotion is not really alien or unfamiliar to the civil servant service structure but it's already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may well if pleased that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service to your Federation/ province from the higher post, direct that this sort of civil servant shall be paid the arrears of pay out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her get more info seniority. Read more
Therefore, this petition is found to get not maintainable which is dismissed along with the pending application(s), plus the petitioners may well search for remedies through the civil court process as discussed supra. Read more