In the event the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced a possibility to respond to the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only carried out In case 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 steer evidence and the petitioner company responded for the allegations therefore they were nicely conscious of the allegations and led the evidence therefore this point is ofno use to get seemed 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
Article 199 of the Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It really is nicely-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In that feeling, case legislation differs from just one jurisdiction to another. For example, a case in Big apple would not be decided using case law from California. As an alternative, The big apple courts will review the issue depending on binding precedent . If no previous decisions on the issue exist, Big apple courts might take a look at precedents from a different jurisdiction, that would be persuasive authority instead than binding authority. Other factors like how previous the decision is as well as the closeness on the facts will affect the authority of the specific case in common regulation.
If the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not had a possibility to reply to the grievance and attempt to resolve it. In some cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only finished If your employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence as well as petitioner company responded for the allegations as a result they were properly conscious of the allegations and led the evidence therefore this point is ofno use to generally be looked into in constitutional jurisdiction at this stage. 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 entails a transfer to your higher position with increased responsibilities and rank. Upgradation, over the other hand, supplies financial relief by inserting an employee inside a higher pay out scale, without switching their work duties or position. It is a mechanism designed to address the stagnation of employees who have remained while in the same pay scale for an extended time, particularly when they absence chances for promotion. Upgradation is really a policy Resource click here used to relieve the hardship of prolonged-term stagnation. Read more
Generally speaking, higher courts will not have direct oversight over the lower courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments on the decrease courts.
All executive and judicial authorities throughout Pakistan are obligated to act in assist of your Supreme Court, guaranteeing the enforcement of its judgments. Given that the Supreme Court may be the final arbitrator of all cases where the decision is reached, the decision of the Supreme Court needs to be taken care of as directed in terms of Article 187(2) of the Constitution. Read more
Several judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name on the ECL based about the criminal case are inconsistent with established legal principles. As a result, this petition must be allowed Read more
Some bodies are given statutory powers to issue steerage with persuasive authority or similar statutory effect, such as the Highway Code.
Binding Precedent – A rule or principle set up by a court, which other courts are obligated to follow.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is very well-settled that the civil servants must first pursue internal appeals within 90 days. In case the appeal just isn't decided within that timeframe, he/she will then approach the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety times with the department to act has already expired. Within the aforesaid proposition, we've been guided with the decision from the Supreme Court while in the case of Dr.
If granted absolute immunity, the parties would not only be protected from liability within the matter, but could not be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request on the appellate court.
Preceding four tax years interpreted. It isn't from the date of finalisation of audit but from the tax year involved. Read more
Criminal cases Within the common legislation tradition, courts decide the law applicable to the case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Unlike most civil legislation systems, common law systems Stick to the doctrine of stare decisis, by which most courts are bound by their personal previous decisions in similar cases. According to stare decisis, all lower courts should make decisions regular with the previous decisions of higher courts.