The best Side of case law de listed plot from abandoned proerty supreme court
The best Side of case law de listed plot from abandoned proerty supreme court
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In the event the employee fails to serve a grievance notice, the NIRC could 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 some cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only done if 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 as well as the petitioner company responded on the allegations as such they were effectively conscious of the allegations and led the evidence as a result this point is ofno use to generally 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-25 Approved for Reporting WhatsApp
A reduced court may not rule against a binding precedent, even if it feels that it is actually unjust; it could only express the hope that a higher court or the legislature will reform the rule in question. In case the court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the law 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 performed.
14. In the light of your position explained above, it can be concluded that a civil servant includes a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or within the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
In case 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 reply to the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only done if the employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to guide evidence and the petitioner company responded to your allegations therefore they were properly aware of the allegations and led the evidence therefore this point is ofno use being looked into in constitutional jurisdiction at this stage. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Generally speaking, higher courts will not 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 from the reduce courts.
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. twenty/2011, this does not automatically produce exoneration from departmental charges based around 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 possibility to cross-examine witnesses and present his/her defense but did not persuade the department of his/her innocence.
Because of this, just citing the case is more likely to annoy a judge than help the party’s case. Imagine it as calling somebody to inform them you’ve found their missing phone, then telling them you live in this sort of-and-such neighborhood, without actually giving them an address. Driving within the neighborhood trying to find their phone is probably going to become more frustrating than it’s truly worth.
Only the written opinions with the Supreme Court as well as the Court of Appeals are routinely out there. Decisions from the lessen (trial) courts usually are not generally published or dispersed.
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 should be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, ensure legislation and order to protect citizens' lives and property. The law enjoins the police to generally be scrupulously fair towards the offender as well as Magistracy is to ensure 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 regulation and order situation have been the subject of check here adverse comments from this Court as well as from other Courts, Nevertheless they have failed to have any corrective effect on it.
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police being scrupulously fair on 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. Aberrations of police officers and police excesses in dealing with the law and order situation have been the subject of adverse comments from this Court and also from other courts However they have did not have any corrective effect on it.
The different roles of case law in civil and common legislation traditions create differences in how that courts render decisions. Common law courts generally explain in detail the legal rationale powering 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 is actually well established now that the provision for proforma promotion is not alien or unfamiliar to the civil servant service structure but it is already embedded in Fundamental Rule seventeen, wherein it is lucidly enumerated that the appointing authority may if satisfied that a civil servant who was entitled being promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service for the Federation/ province inside the higher post, direct that this sort of civil servant shall be paid the arrears of shell out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners could search for remedies through the civil court process as discussed supra. Read more