However, the above mentioned observation is without prejudice to your legal rights of the parties, arising out from the over marriage from the pair, if any, pending before the competent court of regulation. Read more
It is usually important to note that granting of seniority into a civil servant without the actual length of service practically violates the whole service construction like a civil servant inducted in Grade 17 by claiming this kind of benefit without any experience be directly posted in any higher quality, which is neither the intention from the regulation nor of the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 regulation enjoins the police to get scrupulously fair on the offender and also the Magistracy is to be sure 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 subject of adverse comments from this Court and from other courts However they have did not 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.
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Summaries offer a concise insight into the realm of dispute resolution exterior traditional court proceedings. In Pakistan, arbitration serves as an important alternative for resolving commercial conflicts swiftly and competently.
The regulation as proven in previous court rulings; like common law, which springs from judicial decisions and tradition.
ten. Without touching the merits from the case of the issue of yearly increases while in the pensionary emoluments with the petitioner, in terms of policy decision in the provincial government, these types of once-a-year increase, if permissible from the case of employees of KMC, requires further assessment being made from the court of plenary jurisdiction. KMC's reluctance on account of funding issues and lack of 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
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 Bearing on the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition may be dismissed. This is because service in the grievance notice is really a mandatory necessity as well as a precondition for filing a grievance petition. The legislation involves that a grievance notice be served read more over the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
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 within the police, they usually must bear in mind, as held by this Court from time to time in its different pronouncemnts, that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect rather than abduct. Read more
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If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent along with the case under appeal, Probably overruling the previous case law by setting a fresh precedent of higher authority. This might happen several times given that the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his progress with the concept of estoppel starting in the High Trees case.
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 into the main case, It is additionally a nicely-set up 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 a fact or evidence in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue on the procedure provided under the relevant rules rather than 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 arrive at its independent findings about the evidence.