In the event the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply 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 include the grievance notice. However, this will likely be only carried out When 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 therefore they were very well conscious of the allegations and led the evidence as such this point is ofno use being 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-25 Approved for Reporting WhatsApp
Some pluralist systems, for instance Scots law in Scotland and types of civil legislation jurisdictions in Quebec and Louisiana, do not exactly match into the dual common-civil legislation system classifications. These types of systems may have been closely influenced via the Anglo-American common legislation tradition; however, their substantive regulation is firmly rooted inside the civil regulation tradition.
Today educational writers are often cited in legal argument and decisions as persuasive authority; typically, They're cited when judges are attempting to put into practice reasoning that other courts have not but adopted, or when the judge believes the educational's restatement of your law is more compelling than is often found in case law. As a result common regulation systems are adopting among the ways extensive-held in civil law jurisdictions.
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Therefore, this petition is found being not maintainable and is also dismissed along with the pending application(s), and also the petitioners may possibly seek remedies through the civil court process as discussed supra. Read more
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
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 in a very criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring about exoneration from departmental charges based to the same factual grounds. Whilst a writ under Article 199 is out there in specific limited situations, it really is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-examine witnesses and present his/her defense but did not persuade the department of his/her innocence.
The court system is then tasked with interpreting the regulation when it really is unclear the way it relates to any provided situation, frequently rendering judgments based to the intent of lawmakers along with the circumstances of your case at hand. Such decisions become a guide for foreseeable future similar cases.
Case law, also used interchangeably with common law, can be a law that is based on precedents, that will be the judicial decisions from previous cases, fairly than legislation based on constitutions, statutes, or regulations. Case legislation uses the detailed facts lotus case in international law of the legal case that have been resolved by courts or similar tribunals.
The legislation of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The law enjoins the police being scrupulously fair to the offender as well as Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court and from other courts However they have failed to have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The loads 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 to get a crime, his constitutional and fundamental rights must not be violated.
The reason for this difference is that these civil law jurisdictions adhere into a tradition that the reader should manage to deduce the logic from the decision and the statutes.[four]
17 . 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 2025 SHC KHI forty six I have heard the realized counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues with the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section 7(one) of your Illegal Dispossession Act 2005 handy over possession of your subjected premises to the petitioner; that Illegal Dispossession Case needs to generally be decided by the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer from the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this facet for interim custody of the subject premises If your 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. Read more
Criminal cases During the common legislation tradition, courts decide the law applicable to the case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Contrary to most civil law systems, common regulation 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 decreased courts should make decisions constant with the previous decisions of higher courts.