The Basic Principles Of separate corporate identity pakistan case law
Should the employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not experienced 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 performed If your employee can show that that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence as well as petitioner company responded into the allegations as a result they were properly aware of the allegations and led the evidence therefore this point is ofno use to generally be seemed 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-25 Approved for Reporting WhatsAppA guide to online and print sources of Washington State court opinions, rules, forms, and jury instructions
Today educational writers are frequently cited in legal argument and decisions as persuasive authority; often, These are cited when judges are attempting to employ reasoning that other courts have not yet adopted, or when the judge believes the academic's restatement of your legislation is more powerful than can be found in case regulation. So common legislation systems are adopting one of many methods long-held in civil regulation jurisdictions.
We make no warranties or guarantees about the accuracy, completeness, or adequacy in the information contained on this site, or even the information linked to to the state site. Some case metadata and case summaries were written with the help of AI, which can create inaccuracies. You should read the full case before counting on it for legal research purposes.
2299 of 2025. The findings are pending finalization and will be submitted without delay. In addition they stated that directives for strict compliance have been issued to all Karachi models, with non-compliance dealing with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They're directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above mentioned terms. 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 moment Petition under Article 199 from the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and while in 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 result in exoneration from departmental charges based on the same factual grounds. While a writ under Article 199 is out there in specific limited situations, it can be generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-look at witnesses and present his/her defense but didn't influence the department of his/her innocence.
Because of this, just citing the case is more very likely to annoy a judge than help the party’s case. Consider it as calling somebody to inform them you’ve found their lost phone, then telling them you live in these kinds of-and-such neighborhood, without actually providing them an address. Driving round the neighborhood endeavoring to find their phone is likely being more frustrating than it’s worthy of.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It's also a nicely-established proposition of law 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue to your procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings on the evidence.
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to abide by.
This page contains slip opinions. Slip opinions are classified as the opinions that are filed within the working day that the appellate court issues its decision and in many cases are not the court's final opinion.
If granted absolute immunity, the parties would not only be protected from liability while in the matter, but could not be answerable in almost any way for their actions. When the court delayed making this kind of ruling, the defendants took their request for the appellate court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is nicely proven now that the provision for proforma promotion is just not alien or unfamiliar on the civil servant service framework but it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority could if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his own, wrongfully prevented get more info from rendering service to the Federation/ province during the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), as well as petitioners may look for remedies through the civil court process as discussed supra. Read more