Justia – a comprehensive resource for federal and state statutory laws, and case regulation at both the federal and state levels.
For legal professionals, there are specific rules regarding case citation, which differ depending on the court and jurisdiction hearing the case. Proper case law citation inside a state court might not be suitable, as well as accepted, in the U.
fourteen. Inside the light on the position explained earlier mentioned, it really is concluded that a civil servant includes 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 thought of for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration of service or in 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
If the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't had a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only performed Should the 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 and also the petitioner company responded towards the allegations as such they were well aware about the allegations and led the evidence therefore this point is ofno use to get appeared into in constitutional jurisdiction at this stage. Read more
This Court might interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at because of the disciplinary authority is based on no evidence. If your summary or finding is including no reasonable person would have ever reached, the Court may interfere with the summary or the finding and mould the relief to really make it proper towards the facts of every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. Over the aforesaid proposition, we've been fortified with the decision from the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Although there is not any prohibition against referring to case law from a state other than the state in which the case is being listened to, it holds minor sway. Still, if there is no precedent while in the home state, relevant case regulation from another state could be deemed because of the court.
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In federal or multi-jurisdictional regulation systems there may perhaps exist conflicts between the varied decreased appellate courts. Sometimes these differences is probably not resolved, and it might be necessary to distinguish how the regulation is applied in one district, province, division or appellate department.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, it is also a well-proven proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject towards the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings to the website evidence.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, helping you in understanding the intricacies of land and property legislation.
Consequently, this petition is hereby disposed of during the terms stated earlier mentioned. However no harassment shall be caused to both party and the case shall be decided from the competent court of law if pending. Read more
Statutory laws are These created by legislative bodies, such as Congress at both the federal and state levels. When this type of regulation strives to condition our society, furnishing rules and guidelines, it would be extremely hard for virtually any legislative body to anticipate all situations and legal issues.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's perfectly proven now that the provision for proforma promotion isn't alien or unfamiliar to your civil servant service construction but it's already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may perhaps if pleased that a civil servant who was entitled to get promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service towards the Federation/ province during the higher post, direct that this sort of civil servant shall be paid the arrears of pay back and allowances of these types of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
States also commonly have courts that cope with only a specific subset of legal matters, such as family law and probate. Case law, also known as precedent or common legislation, is definitely the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case regulation might be binding or merely persuasive. For example, a decision by the U.S. Court of Appeals to the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) is just not strictly bound to Keep to the Fifth Circuit’s prior decision. Similarly, a decision by just one district court in The big apple is just not binding on another district court, but the initial court’s reasoning could help guide the second court in achieving its decision. Decisions with the U.S. Supreme Court are binding on all federal and state courts. Read more