famous case laws in pakistan Secrets
If the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had a possibility to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only finished In the event the employee can show that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to lead evidence and the petitioner company responded for the allegations as such they were well aware about the allegations and led the evidence as a result this point is ofno use to get appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsAppA reduce court might not rule against a binding precedent, even if it feels that it truly is unjust; it may well only express the hope that a higher court or even the legislature will reform the rule in question. In the event the court believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the regulation evolve, it may well either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for the judge to recommend that an appeal be completed.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have listened to the acquired counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues with the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(one) of the Illegal Dispossession Act 2005 to hand over possession with the subjected premises to the petitioner; that Illegal Dispossession Case needs to be decided by the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this part for interim custody of the topic premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
The a lot of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. However it's made apparent that police is free to get action against any person who is indulged in criminal activities subject to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-industry duties during the interim period. Read more
13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed into the disposal of the instant petition over the premise that the DIGP Malir will hear the petitioner together with private respondents and will consider care of the many elements of the case and ensure that no harassment shall be caused to both the parties.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it requires legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced get more info and un-exhibited sale agreement is legally unsustainable. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically result in exoneration from departmental charges based to the same factual grounds. When a writ under Article 199 is on the market in specific limited situations, it's generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-analyze witnesses and present his/her defense but did not persuade the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is expected that the persons having their character above board, free from any moral stigma, are to be inducted. Verification of character and antecedents is actually a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to the Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to accomplish away with the candidature with the petitioner. Read more
Case legislation, also used interchangeably with common legislation, is often a regulation that is based on precedents, that is definitely the judicial decisions from previous cases, fairly than legislation based on constitutions, statutes, or regulations. Case law uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, assisting you in understanding the intricacies of land and property regulation.
Federalism also plays a major role in determining the authority of case regulation in the particular court. Indeed, Every circuit has its own list of binding case law. Subsequently, a judgment rendered from the Ninth Circuit will not be binding within the Second Circuit but will have persuasive authority.
These lists are sorted chronologically by Chief Justice and include things like all notable cases decided from the court. Articles exist for almost all cases.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion may be the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular size of service for getting to be entitled to be viewed as for promotion into a higher quality, of course, is just not without logic since the officer who's at first inducted to the particular post needs to serve on the mentioned post to gain experience to hold the next higher post also to serve the public inside a befitting method.
States also ordinarily have courts that tackle only a specific subset of legal matters, which include family regulation and probate. Case regulation, also known as precedent or common regulation, is definitely the body of prior judicial decisions that guide judges deciding issues before them. Depending over the relationship between the deciding court plus the precedent, case legislation can be binding or merely persuasive. For example, a decision with the U.S. Court of Appeals for your Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) just isn't strictly bound to Stick to the Fifth Circuit’s prior decision. Similarly, a decision by a single district court in Ny just isn't binding on another district court, but the initial court’s reasoning may help guide the second court in reaching its decision. Decisions via the U.S. Supreme Court are binding on all federal and state courts. Read more