case law air 1964 ker 277 - An Overview

case law air 1964 ker 277 - An Overview

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In the event the employee fails to provide a grievance notice, the NIRC may 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 allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only carried out When the 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 guide evidence along with the petitioner company responded on the allegations as such they were very well mindful of the allegations and led the evidence as a result 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

How much sway case law holds might differ by jurisdiction, and by the exact circumstances of your current case. To discover this concept, look at the following case law definition.

In the event the DIGP finds evidence of the cognizable offense by either party, he shall direct the relevant SHO to record statements and move forward according on the law. This petition stands disposed of in the above terms. Read more

The loads of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. However it is made crystal clear that police is free to consider action against any person who is indulged in criminal activities issue to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-area 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), Plainly distinguished between up-gradation and promotion. Promotion will involve a transfer to your higher position with increased responsibilities and rank. Upgradation, around the other hand, delivers financial relief by placing an employee within a higher fork out scale, without altering their career duties or position. It is a mechanism designed to address the stagnation of employees who have remained during the same shell out scale for a lengthy time, particularly when they deficiency possibilities for promotion. Upgradation is really a policy Software used to alleviate the hardship of extended-term stagnation. Read more

Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves 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

Legislation professors traditionally have played a much smaller role in producing case legislation in common regulation than professors in civil legislation. Because court decisions in civil regulation traditions are historically brief[4] instead of formally amenable to establishing precedent, much in the exposition from the law in civil legislation traditions is done by lecturers instead than by judges; website this is called doctrine and should be published in treatises or in journals including Recueil Dalloz in France. Historically, common law courts relied minor on legal scholarship; thus, on the turn of your twentieth century, it had been incredibly scarce to view an academic writer quoted in a legal decision (besides Potentially for that tutorial writings of popular judges such as Coke and Blackstone).

S. Supreme Court. Generally speaking, proper case citation involves the names from the parties to the original case, the court in which the case was heard, the date it had been decided, as well as book in which it is recorded. Different citation requirements might incorporate italicized or underlined text, and certain specific abbreviations.

10. Without touching the merits on the case in the issue of yearly increases from the pensionary emoluments of your petitioner, in terms of policy decision of your provincial government, these types of once-a-year increase, if permissible in the case of employees of KMC, needs further assessment for being made because of the court of plenary jurisdiction. KMC's reluctance due to funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more

This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding reached from the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever attained, the Court may possibly interfere with the summary or perhaps the finding and mould the relief to really make it ideal to your facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. Around the aforesaid proposition, we are fortified through the decision in the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to get scrupulously fair towards the offender and also the 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 regulation and order situation have been the topic of adverse comments from this Court as well as from other courts but they have did not have any corrective effect on it.

A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must utilize the previous court’s decision in applying the regulation. This example of case law refers to two cases listened to in the state court, with the same level.

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 read the figured out counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments because the issues from the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) from the Illegal Dispossession Act 2005 at hand over possession in the subjected premises to the petitioner; that Illegal Dispossession Case needs to be decided via the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer from the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this factor for interim custody of the subject premises When the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more

The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its initial purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more