Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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It's also important to note that granting of seniority to a civil servant without the actual length of service nearly violates the whole service framework to be a civil servant inducted in Grade seventeen by claiming this kind of benefit without any experience be directly posted in almost any higher quality, which is neither the intention in the legislation nor in the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The legislation enjoins the police to be scrupulously fair on the offender as well as the 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 topic of adverse comments from this Court as well as 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.
When the employee fails to provide a grievance notice, the NIRC may well 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 a few cases, the NIRC may perhaps allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only carried out if the employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence and the petitioner company responded for the allegations therefore they were very well aware of the allegations and led the evidence as a result this point is ofno use to get appeared 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), Obviously distinguished between up-gradation and promotion. Promotion includes a go to the higher position with increased responsibilities and rank. Upgradation, around the other hand, presents financial relief by placing an employee inside a higher shell out scale, without altering their career duties or position. It's a system designed to address the stagnation of employees who have remained during the same spend scale for an extended time, particularly when they absence prospects for promotion. Upgradation is here usually a policy Instrument used to relieve the hardship of extended-term stagnation. Read more
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—is the principle by which judges are bound to these past decisions, drawing on established judicial authority to formulate their positions.
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. twenty/2011, this does not automatically bring on exoneration from departmental charges based about the same factual grounds. Although a writ under Article 199 is accessible in specific limited situations, it's 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.
When you find an error during the articles of the published opinion (such as a misspelled name or perhaps a grammatical error), please notify the Reporter of Decisions. TVW
Some bodies are supplied statutory powers to issue steerage with persuasive authority or similar statutory effect, such as the Highway Code.
Article 27 of your Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment likewise. The disparity within the pay out scale allowances of Stenographers in the District Judiciary is inside the clear negation from the law laid down with the Supreme Court in its numerous pronouncements. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually well-settled that the civil servants must first pursue internal appeals within 90 days. When the appeal is just not decided within that timeframe, he/she will then solution the service tribunal to challenge the original 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 days to the department to act has already expired. About the aforesaid proposition, we are guided from the decision with the Supreme Court from the case of Dr.
10. Based about the findings on the inquiry committee, this petition is not really regarded maintainable and is also therefore liable to generally be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
As being the Supreme Court would be the final arbitrator of all cases where the decision is achieved, therefore the decision in the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Criminal cases While in 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. In contrast to most civil legislation systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions constant with the previous decisions of higher courts.