The best Side of case law de listed plot from abandoned proerty supreme court
The best Side of case law de listed plot from abandoned proerty supreme court
Blog Article
If the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't experienced an opportunity 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 incorporate the grievance notice. However, this will likely be only performed Should the employee can show that they'd a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to lead evidence and also the petitioner company responded into the allegations as a result they were effectively conscious of the allegations and led the evidence as such this point is ofno use to generally be 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 WhatsApp
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The an abundance of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Read more
In that feeling, case regulation differs from just one jurisdiction to another. For example, a case in The big apple would not be decided using case regulation from California. Rather, The big apple courts will examine the issue depending on binding precedent . If no previous decisions about the issue exist, The big apple courts could look at precedents from a different jurisdiction, that would be persuasive authority fairly than binding authority. Other factors including how previous the decision is plus the closeness on the facts will affect the authority of the specific case in common legislation.
We make no warranties or guarantees about the accuracy, completeness, or adequacy of your information contained on this site, or maybe the information linked to around the state site. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before counting on it for legal research purposes.
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 on the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
Given that the Supreme Court is definitely the final arbitrator of all cases where the decision has actually been attained, therefore the decision of the Supreme Court needs being 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
All executive and judicial authorities throughout Pakistan are obligated to act in aid on the Supreme Court, ensuring the enforcement of its judgments. Because the Supreme Court is definitely the final arbitrator of all cases where the decision is reached, the decision on the Supreme Court needs being taken care of as directed in terms of Article 187(2) on the Constitution. Read more
The court system is then tasked with interpreting the legislation when it can be unclear how it relates to any given situation, usually rendering judgments based over the intent of lawmakers as well here as circumstances with the case at hand. These types of decisions become a guide for long run similar cases.
10. Without touching the merits with the case on the issue of once-a-year increases in the pensionary emoluments of the petitioner, in terms of policy decision in the provincial government, such annual increase, if permissible within the case of employees of KMC, demands further assessment to get made via the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
Article 27 on the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment also. The disparity in the pay out scale allowances of Stenographers while in the District Judiciary is from the distinct negation of your legislation laid down because of the Supreme Court in its different pronouncements. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be properly-settled that the civil servants must first go after internal appeals within 90 days. In the event the appeal is not decided within that timeframe, he/she can then tactic the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the ninety times for the department to act has already expired. Around the aforesaid proposition, we've been guided because of the decision on the Supreme Court from the case of Dr.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information for being gathered via the parties – specifically regarding the issue of absolute immunity.
seventeen . 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 46 I have heard 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(one) of your Illegal Dispossession Act 2005 at hand over possession with the subjected premises for the petitioner; that Illegal Dispossession Case needs for being decided by the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer inside the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this component for interim custody of the topic premises if the 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
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming on the main case, it is also a very well-set up proposition of legislation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject matter for the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings on the evidence.