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 chance to respond to the grievance and attempt to resolve it. In a few cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only performed if the employee can show that they'd a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence plus the petitioner company responded towards the allegations as a result they were nicely mindful of the allegations and led the evidence as a result this point is ofno use being appeared 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-25 Approved for Reporting WhatsApp
Some pluralist systems, for example Scots legislation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, never specifically healthy into the dual common-civil legislation system classifications. These types of systems may perhaps have been closely influenced by the Anglo-American common law tradition; however, their substantive law is firmly rooted inside the civil law tradition.
14. From the light of your position explained over, it is actually concluded that a civil servant features a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his individual and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the size of service or while in 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
Sign up for E-mail Notification of new opinions The cases listed beneath have experienced opinions filed for them within the final 14 days. The following information is obtainable for Every single case: Information Sheet - Click a case number to view case details, together with signing JusticesJudges and participating attorneys.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion involves a go to some higher position with increased responsibilities and rank. Upgradation, about the other hand, presents financial relief by inserting an employee in a very higher pay scale, without modifying their task duties or position. It is a mechanism designed to address the stagnation of employees who have remained within the same pay out scale for a protracted time, particularly when they lack prospects for promotion. Upgradation is usually a policy tool used to relieve the hardship of very long-term stagnation. Read more
Generally speaking, higher courts usually do not have direct oversight over the reduce courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments from the decrease courts.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice from the Peace u/s 22-A is not really obliged to afford a possibility of hearing to your accused party; nor obliged to automatically or mechanically issue directions for registration of FIR; but is needed to take into account all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more
Because of this, basically citing the case is more likely to annoy a judge than help the party’s case. Consider it as calling someone to tell them you’ve found their missing phone, then telling them you live in such-and-these kinds of community, without actually offering them an address. Driving across the community attempting to find their phone is likely to be more frustrating than it’s worthy of.
In a few jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, helping you in understanding the intricacies of land and property legislation.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is check here well-settled that the civil servants must first pursue internal appeals within 90 days. If the appeal isn't decided within that timeframe, he/she will then method the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety times for your department to act has already expired. Around the aforesaid proposition, we've been guided via the decision of the Supreme Court during the case of Dr.
These lists are sorted chronologically by Chief Justice and incorporate all notable cases decided by the court. Articles exist for almost all cases.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is very well founded now that the provision for proforma promotion is not really alien or unfamiliar into the civil servant service framework however it is already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority may well if content that a civil servant who was entitled to become promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 to the main case, Additionally it is a very well-founded proposition of law 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic for the procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to arrive at its independent findings about the evidence.