In case the employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer hasn't had an opportunity to answer the grievance and attempt to resolve it. In a few cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only done In case the employee can show that that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence as well as petitioner company responded to the allegations as such they were properly mindful of the allegations and led the evidence as such this point is ofno use to get seemed 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-twenty five Approved for Reporting WhatsApp
Case regulation is specific for the jurisdiction in which it absolutely was rendered. By way of example, a ruling inside a California appellate court would not generally be used in deciding a case in Oklahoma.
In that feeling, case law differs from one jurisdiction to another. For example, a case in Big apple would not be decided using case law from California. As an alternative, New York courts will assess the issue relying on binding precedent . If no previous decisions around the issue exist, The big apple courts may possibly examine 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 for the facts will affect the authority of the specific case in common legislation.
The lots of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. However it is actually made crystal clear that police is free to get action against any person who is indulged in criminal activities topic to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, 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-industry duties inside the interim period. Read more
As a result, the petition and any related applications are dismissed. The Petitioner has got to pursue his remedy through an appeal before the competent authority. If these an appeal has here not still been decided, it should be addressed. Following that decision, the Petitioner might then find further recourse before the Service Tribunal. Read more
In order to preserve a uniform enforcement of your laws, the legal system adheres on the doctrine of stare decisis
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of the Peace u/s 22-A is not obliged to afford a possibility of hearing on the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to contemplate all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are several of the relevant factors. Read more
The legislation 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 the issue of yearly increases while in the pensionary emoluments on the petitioner, in terms of policy decision of the provincial government, these kinds of yearly increase, if permissible while in the case of employees of KMC, involves further assessment for being made via the court of plenary jurisdiction. KMC's reluctance due to 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
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to abide by.
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 so they must bear in mind, as held by this Court from time to time in its many pronouncemnts, that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect and never abduct. Read more
Statutory laws are Those people created by legislative bodies, for example Congress at both the federal and state levels. When this variety of legislation strives to shape our society, giving rules and guidelines, it would be extremely hard for any legislative body to anticipate all situations and legal issues.
8. For the reasons stated over, this court finds the petition for being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend from the comments, and their request is Consequently acceded to. All pending applications, if any, may also be dismissed. Read more
Criminal cases During the common legislation tradition, courts decide the regulation applicable to some case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Unlike most civil legislation systems, common legislation systems Stick to the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions reliable with the previous decisions of higher courts.
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