When the employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't had a possibility to answer the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only accomplished if the employee can show that they'd a good reason for not serving the grievance notice. In the present case, the parties were allowed to guide evidence plus the petitioner company responded to the allegations as such they were well aware of the allegations and led the evidence as such this point is ofno use to get looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp

The main objectives of police would be to apprehend offenders, examine crimes, and prosecute them before the cours also to prevent to commission of crime, and higher than all ensure law and order to protect citizen???s life and property. Read more

fourteen. Inside the light on the position explained over, it is actually concluded that a civil servant includes a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or inside 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It may be used to guide the court, but isn't binding precedent.

184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not apply, because the criminal Court has not convicted the petitioner, instead he is acquitted in the criminal charges based on evidence and it can be perfectly-settled regulation that once the civil servant is acquitted during the criminal case, then on this very charge he cannot be awarded in any punishment by the department and held him disqualified for the post because acquittal for all future purposes. The aforesaid proposition is set at naught with the Supreme Court of Pakistan while in the case with the District Police Officer Mainwali and a pair of others v.

These past case law australia decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—may be the principle by which judges are bound to these past decisions, drawing on established judicial authority to formulate their positions.

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If you find an error within the written content of a published opinion (such as a misspelled name or even a grammatical error), please notify the Reporter of Decisions. TVW

Only the written opinions on the Supreme Court and also the Court of Appeals are routinely out there. Decisions with the decrease (trial) courts usually are not generally published or dispersed.

This Court might interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained by the disciplinary authority is based on no evidence. If the conclusion or finding is including no reasonable person would have ever attained, the Court may perhaps interfere with the summary or maybe the finding and mildew the relief to make it suitable on the facts of each and every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or perhaps the nature of punishment. On the aforesaid proposition, we've been fortified from 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(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your legislation laid down with the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority from the parent department on the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and pay back the pension amount and other ancillary benefits on the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority from the respondent can be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

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

If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent as well as case under appeal, Possibly overruling the previous case law by setting a completely new precedent of higher authority. This could 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 development with the concept of estoppel starting within the High Trees case.

These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory legislation, which are founded by executive companies based on statutes.