case law air 1964 ker 277 - An Overview

case law air 1964 ker 277 - An Overview

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When the employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not had an opportunity to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only performed In the event the employee can show that they'd a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence as well as petitioner company responded to the allegations as a result they were perfectly aware of the allegations and led the evidence as such this point is ofno use to be seemed 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-25 Approved for Reporting WhatsApp

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when the basic norm underlying a Constitution disappears along with a new system is place in its place.

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 heard the acquired counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section 7(1) of your Illegal Dispossession Act 2005 to hand over possession on the subjected premises towards the petitioner; that Illegal Dispossession Case needs being decided from 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 subject premises Should 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.

In the event the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not had a possibility 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 normally 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 steer evidence as well as the petitioner company responded towards the allegations as a result they were properly aware of the allegations and led the evidence as a result this point is ofno use being seemed into in constitutional jurisdiction at this stage. Read more

184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not use, as being the criminal Court hasn't convicted the petitioner, instead he has actually been acquitted with the criminal charges based on evidence and it truly is well-settled law that once the civil servant is acquitted within the criminal case, then on this extremely charge he cannot be awarded in any punishment through the department and held him disqualified to the post because acquittal for all long run purposes. The aforesaid proposition has actually been established at naught via the Supreme Court of Pakistan within the case in the District Police Officer Mainwali and 2 others v.

Since the Supreme Court is definitely the final arbitrator of all cases where the decision is arrived at, therefore the decision with the Supreme Court needs being taken care of as directed in terms of Article 187(two) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

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The legislation as set up in previous court rulings; like common regulation, which springs from judicial decisions and tradition.

ten. Without touching the merits with the case with the issue of once-a-year increases while in the pensionary emoluments on the petitioner, in terms of policy decision of the provincial government, this sort of yearly increase, if permissible within the case of employees of KMC, involves further assessment being made with the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more

This Court may interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached through the disciplinary authority is based on no evidence. In case the conclusion or finding is including no reasonable person would have ever attained, the Court may interfere with the conclusion or the finding and mould the relief to make it acceptable into the facts of every case. In service jurisprudence, the disciplinary authority is website definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. To the aforesaid proposition, we're fortified with the decision from the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits may very well be withheld on account from the allegations leveled against the petitioner, within our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension may be withheld or reduced. These include things like if a civil servant is found guilty of misconduct or negligence during their service, their pension could possibly be withheld or reduced. If a civil servant is convicted of a serious crime, their pension can be withheld or reduced. In certain cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set with the government.

ten. Based around the findings with the inquiry committee, this petition is not considered maintainable and is particularly therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more

seventeen . Const. P. 5/2024 (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 read the discovered counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments as the issues from the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section seven(1) in the Illegal Dispossession Act 2005 handy over possession of the subjected premises to your petitioner; that Illegal Dispossession Case needs being decided with the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer inside the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this part for interim custody of the topic 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 months from the date of receipt of this order. Read more

The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its initial purpose and called for educational programs Bachelor diploma(s) in the subject of cooperative societies. Read more