As being the Supreme Court may be the final arbitrator of all cases where the decision has been arrived at, therefore the decision from the Supreme Court needs for being taken care of as directed in terms of Article 187(two) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Article 199 with the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It is actually perfectly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In that perception, case legislation differs from one particular jurisdiction to another. For example, a case in Ny would not be decided using case law from California. In its place, Big apple courts will assess the issue counting on binding precedent . If no previous decisions about the issue exist, New York courts could possibly check out precedents from a different jurisdiction, that would be persuasive authority relatively than binding authority. Other factors including how old the decision is as well as closeness on the facts will affect the authority of the specific case in common legislation.
If your employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer hasn't experienced a chance to respond to the grievance and attempt to resolve it. In certain cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only performed In the event the employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to lead evidence as well as petitioner company responded on the allegations as a result they were effectively aware of the allegations and led the evidence as a result this point is ofno use to be appeared into in constitutional jurisdiction at this stage. Read more
The official court record is maintained with the court of record. Copies of case file documents are usually not offered around the search site and will need for being ordered from the court of record.
one hundred forty five . 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 in the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for 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 provided to any reported judgment may possibly count on the reputation of both the reporter and the judges.[7]
The court system is then tasked with interpreting the regulation when it really is unclear the way it applies to any specified situation, usually rendering judgments based on the intent of lawmakers and the circumstances of your case at hand. These types of decisions become a guide for potential similar cases.
The justices must be balanced between the political parties, this sort of that neither party has an advantage of more than 1 seat. To qualify to provide within the Supreme Court, a candidate must have been admitted to practice legislation in New Jersey for a minimum of ten years. This will be the same requirement as for Superior Court judges.
Article 199 of the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It really is well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is very well-settled that the civil servants must first go after internal appeals within ninety times. In case the appeal is just not decided within that timeframe, he/she will then solution the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 days with the department to act has already expired. Within the aforesaid proposition, we have been guided with the decision of the Supreme Court inside the case of Dr.
The appellate court determined that the trial court had not erred in its here decision to allow more time for information to be gathered through the parties – specifically regarding the issue of absolute immunity.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion would be the vested right of a civil servant, therefore, neither any seniority nor any promotion could possibly be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular length of service for turning into entitled to be viewed as for promotion to your higher quality, of course, just isn't without logic because the officer who is in the beginning inducted into a particular post needs to serve around the claimed post to gain experience to hold the next higher post and to provide the public in the befitting method.
The acquired Tribunal shall decide the case on merits, without being influenced through the findings in the Impugned order, after recording of evidence with the respective parties. Read more