Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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In the event the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't had an opportunity to answer the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only accomplished In case 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 along with the petitioner company responded to your allegations as a result they were effectively aware of the allegations and led the evidence as such this point is ofno use being appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
Case law is specific to the jurisdiction in which it was rendered. As an example, a ruling in the California appellate court would not commonly be used in deciding a case in Oklahoma.
14. From the light on the position explained above, it is concluded that a civil servant contains a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. 9. In view of the above mentioned facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. 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 moment case, the guidelines as set forth would not utilize, as the criminal Court has not convicted the petitioner, instead he has actually been acquitted of your criminal charges based on evidence and it can be effectively-settled law that once the civil servant is acquitted from the criminal case, then on this very charge he cannot be awarded in any punishment from the department and held him disqualified for the post because acquittal for all potential purposes. The aforesaid proposition has actually been established at naught because of the Supreme Court of Pakistan within the case in the District Police Officer Mainwali and 2 others v.
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 moment Petition check here under Article 199 with the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Apart from the rules of procedure for precedent, the weight specified to any reported judgment may possibly depend on the reputation of both the reporter plus the judges.[seven]
Because of this, simply citing the case is more more likely to annoy a judge than help the party’s case. Visualize it as calling another person to tell them you’ve found their dropped phone, then telling them you live in these types of-and-this sort of community, without actually providing them an address. Driving within the neighborhood seeking to find their phone is probably going for being more frustrating than it’s worth.
Only the written opinions of your Supreme Court as well as the Court of Appeals are routinely out there. Decisions from the reduced (trial) courts will not be generally published or dispersed.
twelve. There is no denial from the fact that in Government service it is predicted that the persons possessing their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is usually a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to accomplish away with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp
This page contains slip opinions. Slip opinions are the opinions that are filed about the day that the appellate court issues its decision and will often be not the court's final opinion.
The reason for this difference is that these civil legislation jurisdictions adhere to your tradition that the reader should be able to deduce the logic from the decision and also the statutes.[four]
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is properly proven now that the provision for proforma promotion is just not alien or unfamiliar to the civil servant service structure but it is already embedded in Fundamental Rule 17, wherein it's lucidly enumerated that the appointing authority may well if content that a civil servant who was entitled to become promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that this kind of civil servant shall be paid the arrears of spend and allowances of these types of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Free database for searching federal court dockets and documents pulled from PACER. Coverage isn't extensive, but this is a superb starting point. See Background section at bottom of RECAP website for more information.