case law air 1964 ker 277 - An Overview

case law air 1964 ker 277 - An Overview

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However, the above mentioned observation is without prejudice for the legal rights of the parties, arising out from the over marriage from the pair, if any, pending before the competent court of regulation. Read more

Some pluralist systems, such as Scots law in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, don't exactly match into the dual common-civil regulation system classifications. These types of systems might have been closely influenced by the Anglo-American common law tradition; however, their substantive legislation is firmly rooted from the civil law tradition.

14. In the light of your position explained earlier mentioned, it is concluded that a civil servant incorporates a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or within 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

In the event the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to answer the grievance and attempt to resolve it. In certain cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only performed Should the employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to lead evidence as well as the petitioner company responded for the allegations as such they were nicely mindful of the allegations and led the evidence as a result this point is ofno use being looked into in constitutional jurisdiction at this stage. Read more

For that reason, the petition and any related applications are dismissed. The Petitioner must go after his remedy through an appeal before the competent authority. If this sort of an appeal hasn't nevertheless been decided, it should be addressed. Following that decision, the Petitioner may perhaps then find further recourse before the Service Tribunal. Read more

These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—may be the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.

Summaries offer a concise insight into the realm of dispute resolution outside the house traditional court proceedings. In Pakistan, arbitration serves as an important alternative for resolving commercial conflicts swiftly and effectively.

The law as established in previous court rulings; like common regulation, which springs from judicial decisions and tradition.

ten. Without touching the merits with the case in the issue of once-a-year increases in the pensionary emoluments from the petitioner, in terms of policy decision of the provincial government, these once-a-year increase, if permissible within the case of employees of KMC, needs further assessment to generally be made because of 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

five hundred,000/- (Rupees Five hundred thousand only) each plus the same shall be stored during the police station for the effect that no harm shall be caused to your petitioners. 5. In view of the above mentioned, this Constitutional Petition is disposed of Read more

182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance from the respondents that pensionary benefits could be withheld on account of the allegations leveled against the petitioner, in our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension can be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a significant crime, their pension might be withheld or reduced. In some cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set by the government.

Any court may well request to distinguish the present case from that of a binding precedent, to achieve a different summary. The validity of this type of distinction might or might not be accepted on appeal of that judgment to some higher court.

If that judgment goes to appeal, the appellate court will have the chance to review both the precedent along with the case under appeal, perhaps overruling the previous case regulation by setting a different precedent of higher authority. This may well come about several times since the case works its way through successive appeals. click here Lord Denning, first with the High Court of Justice, later with the Court of Appeal, provided a famous example of this evolutionary process in his advancement in the concept of estoppel starting within the High Trees case.

The acquired Tribunal shall decide the case on merits, without being influenced by the findings while in the Impugned order, after recording of evidence of the respective parties. Read more