Indicators on bail granted to pregnant woman in 302 case laws You Should Know
Indicators on bail granted to pregnant woman in 302 case laws You Should Know
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When the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not experienced a possibility to answer 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 usually only finished If your employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to lead evidence as well as the petitioner company responded to the allegations therefore they were perfectly mindful of the allegations and led the evidence as a result this point is ofno use for being 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-twenty five Approved for Reporting WhatsApp
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In that sense, case law differs from one jurisdiction to another. For example, a case in Big apple would not be decided using case legislation from California. Rather, Ny courts will examine the issue depending on binding precedent . If no previous decisions over the issue exist, New York courts could possibly check out precedents from a different jurisdiction, that would be persuasive authority alternatively than binding authority. Other factors for instance how previous the decision is and the closeness on the facts will affect the authority of the specific case in common legislation.
The a lot of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. However it is actually made apparent that police is free to acquire action against any person that is indulged in criminal activities matter to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-area duties while in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion will involve a move into a higher position with increased responsibilities and rank. Upgradation, within the other hand, presents financial relief by inserting an employee in a higher pay out scale, without switching their occupation duties or position. It is a system designed to address the stagnation of employees who have remained within the same shell out scale for a lengthy time, particularly when they lack chances for promotion. Upgradation is usually a policy Device used to reduce the hardship of long-term stagnation. Read more
With the foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more
Summaries offer a concise insight into the realm of dispute more info resolution outdoors traditional court proceedings. In Pakistan, arbitration serves as an important alternative for resolving commercial conflicts quickly and effectively.
The law as established in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
10. Without touching the merits on the case of your issue of annual increases within the pensionary emoluments of your petitioner, in terms of policy decision in the provincial government, such once-a-year increase, if permissible while in the case of employees of KMC, requires further assessment to generally be made by the court of plenary jurisdiction. KMC's reluctance because of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained through the disciplinary authority is based on no evidence. In the event the summary or finding is including no reasonable person would have ever attained, the Court may well interfere with the conclusion or maybe the finding and mold the relief to make it appropriate into the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. Around the aforesaid proposition, we have been fortified through the decision on the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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 regulation laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority from the parent department on the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and shell out the pension amount and other ancillary benefits to your petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority from the respondent is also directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
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Previous four tax years interpreted. It isn't from the date of finalisation of audit but from the tax year involved. Read more
These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory regulation, which are founded by executive agencies based on statutes.