case law explanation Things To Know Before You Buy
case law explanation Things To Know Before You Buy
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In the event the employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't experienced a possibility to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only accomplished In case the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to lead evidence and also the petitioner company responded into the allegations therefore they were nicely mindful of the allegations and led the evidence as such this point is ofno use to become 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-25 Approved for Reporting WhatsApp
It's also important to note that granting of seniority to a civil servant without the actual duration of service virtually violates your complete service framework as being a civil servant inducted in Grade seventeen by claiming these benefit without any experience be directly posted in any higher quality, which is neither the intention of the law nor of your equity. Read more
fourteen. While in the light of your position explained above, it's concluded that a civil servant includes a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the length 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-25 Approved for Reporting WhatsApp
The ruling with the first court created case legislation that must be accompanied by other courts right until or Except if both new regulation is created, or a higher court rules differently.
thirteen . 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 duration, both parties have agreed to the disposal of the instant petition about the premise that the DIGP Malir will hear the petitioner along with private respondents and will just take care of every one of the elements of the case and make sure that no harassment shall be caused to both the parties.
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it needs legal transfer of title. Agreement to sell must be created and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based around the same factual grounds. Although a writ under Article 199 is offered in specific limited situations, it really is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-analyze witnesses and present his/her defense but didn't encourage the department of his/her innocence.
Should you find an error in the written content of the published opinion (like a misspelled name or even a grammatical error), please notify the Reporter of Decisions. TVW
The justices must be balanced between the political parties, such that neither party has an advantage of more than 1 seat. To qualify to serve to the Supreme Court, a candidate must have been admitted to practice law in New Jersey for a minimum of ten years. This will be the same necessity as for Superior Court judges.
Article 199 of the Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It truly is perfectly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation within the police, and they must bear in mind, as held by this Court from time to time in its numerous pronouncemnts, that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect rather than abduct. Read more
If granted absolute immunity, the parties would not only be protected from liability from the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request towards the appellate court.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion would be the vested right of a civil servant, therefore, neither any seniority nor any promotion can be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular duration of service for turning out to be entitled being deemed for promotion to a higher grade, of course, is not without logic since the officer who is to begin with inducted to a particular post needs to provide around the explained post to gain experience to hold the next higher post and to get more info serve the public inside of a befitting way.
refers to law that comes from decisions made by judges in previous cases. Case law, also known as “common law,” and “case precedent,” offers a common contextual background for certain legal concepts, and how They're applied in certain types of case.