The Basic Principles Of separate corporate identity pakistan case law
The Basic Principles Of separate corporate identity pakistan case law
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If the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not had an opportunity to answer the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only done In the event the employee can show that they had 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 for the allegations as a result they were properly conscious of the allegations and led the evidence as a result 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(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 regulation enjoins the police to become scrupulously fair on the offender and also the Magistracy is to be sure 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 subject of adverse comments from this Court and also from other courts Nonetheless they have didn't 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.
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13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed into the disposal of the moment petition to the premise that the DIGP Malir will hear the petitioner and also private respondents and will choose care of many of the areas of the case and guarantee that no harassment shall be caused to both the parties.
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 on the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
All executive and judicial authorities throughout Pakistan are obligated to act in aid on the Supreme Court, guaranteeing the enforcement of its judgments. As the Supreme Court is the final arbitrator of all cases where the decision has actually been arrived at, the decision of your Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) of the Constitution. Read more
However it can be made very clear that police is free to get action against any person who's indulged in criminal activities topic to regulation. However no harassment shall be caused to the petitioner, if she acts within the bonds of regulation. Police shall also assure respect of the family drop in accordance with law and if they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate for a issue of security with the house is concerned, which is not public place under the Act 1977. 9. Contemplating the aforementioned details, the objective of filing this petition has been attained. As a result, this petition is hereby disposed of during the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
10. Without touching the merits on the case with the issue of yearly increases from the pensionary emoluments in the petitioner, in terms of policy decision of your provincial government, these annual increase, if permissible from the case of employees of KMC, needs further assessment to generally be 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, necessitating the petitioner to go after other legal avenues. Read more
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Referring to the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition could be dismissed. This is because service of your grievance notice is often a mandatory requirement and also a precondition for filing a grievance petition. The regulation requires that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. If your employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
Federalism also plays a major role in determining the authority of case legislation within a particular court. Indeed, Each individual circuit has its possess set of binding case legislation. Consequently, a judgment rendered in the Ninth Circuit will not be binding during the Second Circuit but will have persuasive authority.
The different roles of case legislation in civil and common legislation traditions create differences in the way that courts render decisions. Common check here regulation courts generally explain in detail the legal rationale driving their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
Rulings by courts of “lateral jurisdiction” will not be binding, but may very well be used as persuasive authority, which is to offer substance into the party’s argument, or to guide the present court.