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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is often a free and democratic region, and once a person becomes a major he or she can marry whosoever he/she likes; If your parents in the boy or Woman don't approve of this kind of inter-caste or interreligious marriage the most they might do if they're able to Reduce off social relations with the son or even the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl who's major undergoes inter-caste or inter-religious marriage with a woman or male who's a major, the pair is neither harassed by any individual nor subjected to threats or acts of violence and anybody who presents this kind of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings through the police against such persons and further stern action is taken against these person(s) as provided by law.
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. nine. In view of the above facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more
Therefore, this petition is found to get not maintainable and is also dismissed along with the pending application(s), and the petitioners may possibly look for remedies through the civil court process as discussed supra. Read more
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ten. Without touching the merits in the case of your issue of annual increases while in the pensionary emoluments with the petitioner, in terms of policy decision from the provincial government, these types of once-a-year increase, if permissible inside the more info case of employees of KMC, calls for further assessment to generally be made from the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding 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 Touching on the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition is usually dismissed. This is because service of the grievance notice can be a mandatory need as well as a precondition for filing a grievance petition. The legislation calls for that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the legislation laid down from the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of your parent department of the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and shell out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority in the respondent is likewise directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Any court may search for to distinguish the present case from that of the binding precedent, to reach a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to a higher court.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting a brand new precedent of higher authority. This could come about several times given that the case works its way through successive appeals. Lord Denning, first of the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his progress on the concept of estoppel starting inside the High Trees case.
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its primary purpose and called for educational programs Bachelor diploma(s) in the subject of cooperative societies. Read more