5 Simple Statements About case laws on 493 crpc pakistan Explained
5 Simple Statements About case laws on 493 crpc pakistan Explained
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If the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't experienced a chance to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only completed In case the employee can show that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to guide evidence and also the petitioner company responded towards the allegations as a result they were nicely aware of the allegations and led the evidence therefore this point is ofno use to generally be seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
A reduced court may well not rule against a binding precedent, even though it feels that it really is unjust; it may only express the hope that a higher court or maybe the legislature will reform the rule in question. When the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the law evolve, it might both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow to get a judge to recommend that an appeal be completed.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is usually a free and democratic place, and once a person becomes a major they can marry whosoever he/she likes; If your parents of your boy or Woman tend not to approve of these types of inter-caste or interreligious marriage the utmost they will do if they're able to Reduce off social relations with the son or the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that's major undergoes inter-caste or inter-religious marriage with a woman or male that is a major, the couple is neither harassed by any person nor subjected to threats or acts of violence and anyone who offers these threats or harasses or commits acts of violence both himself or at his instigation, is taken to activity by instituting criminal proceedings by the police against these persons and further stern action is taken against these person(s) as provided by regulation.
If the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't experienced a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only carried out In the event the employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence as well as the petitioner company responded to the allegations as such they were well aware about the allegations and led the evidence therefore this point is ofno use to be appeared 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 moment Petition under Article 199 from the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
Generally speaking, higher courts do not have direct oversight over the lessen courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments on 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 of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring about exoneration from departmental charges based over the same factual grounds. While a writ under Article 199 is obtainable in specific limited situations, it can be generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-study witnesses and present his/her defense but did not convince the department of his/her innocence.
S. Supreme Court. Generally speaking, proper case citation consists of the names with the parties to the first case, the court in which the case was heard, the date it had been decided, and also the book in which it is recorded. Different citation requirements may perhaps incorporate italicized or underlined text, and certain specific abbreviations.
The DCFS social worker in charge of the boy’s case had the boy made a ward of DCFS, As well as in her six-month report towards the court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 from the police is to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, guarantee law and order to protect citizens' lives and property. The regulation enjoins the police being scrupulously fair to the offender and the Magistracy is to be sure 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 law and order situation have been the subject of adverse comments from this Court in addition to from other Courts, Nevertheless they have didn't have any corrective effect on it.
Under Article 199, the court possesses the authority to review government insurance policies for reasonableness if applicable in respondent university and also to safeguard aggrieved parties' rights. Consequently, this petition is admissible based on set up court precedents, along with the respondents' objections are overruled. 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 regulation. This example of case regulation refers to two cases read while in the state court, within the same level.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court click here referred to case regulation previously rendered on similar cases.
Therefore, this petition is found for being not maintainable and is particularly dismissed along with the pending application(s), plus the petitioners may perhaps find remedies through the civil court process as discussed supra. Read more