case when law is silent Things To Know Before You Buy

If the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not had a possibility to respond to the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only completed In case the employee can show that they'd a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence plus the petitioner company responded to your allegations therefore they were well conscious of the allegations and led the evidence as a result this point is ofno use to become looked 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

Article 199 from the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It really is perfectly-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

In the event the DIGP finds evidence of the cognizable offense by either party, he shall direct the relevant SHO to record statements and proceed according into the legislation. This petition stands disposed of in the above terms. Read more

Persuasive Authority – Prior court rulings that could be consulted in deciding a current case. It may be used to guide the court, but is not really binding precedent.

This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained through the disciplinary authority is based on no evidence. When the conclusion or finding is such as no reasonable person would have ever reached, the Court could interfere with the conclusion or the finding and mould the relief to really make it correct towards the facts of each 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-enjoy the evidence or even the nature of punishment. Around the aforesaid proposition, we are fortified by the decision from the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

However it is actually made very clear that police is free to choose action against any person who's indulged in criminal activities issue to law. However no harassment shall be caused to your petitioner, if she acts within the bonds of law. Police shall also guarantee regard in the family lose in accordance with law and should they have reasonable ground to prevent the congnizable offence they could act, so far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate like a issue of security of your house is concerned, which will not be public place under the Act 1977. nine. Thinking about the aforementioned details, the objective of filing this petition has been realized. As a result, this petition is hereby disposed of during the terms stated over. Read more

While in the United States, men and women are not necessary to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their have can remember 1 rule of thumb when it relates to referring to case legislation or precedent in court documents: be as specific as possible, leading the court, not only to your case, but on the section and paragraph containing the pertinent information.

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

In some jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family legislation.

Do you think you're looking for Court Information? You may use our site to search for any case or search for a person. Information within the site is updated every 24 hours at 3:00 am. Please Note: Name and Case information found about the search site is provided for use as reference material and is not the official court record.

The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation on the police, they usually must bear in mind, as held by this Court from time to time in its different pronouncemnts, that if a person is arrested for your crime, his constitutional and fundamental click here rights must not be violated. Primarily, the Police Officers are necessary to protect rather than abduct. Read more

If granted absolute immunity, the parties would not only be protected from liability while in the matter, but couldn't be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request for the appellate court.

Where there are several members of a court deciding a case, there could be a person or more judgments presented (or reported). Only the reason to the decision in the majority can represent a binding precedent, but all may be cited as persuasive, or their reasoning may very well be adopted in an argument.

Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), as well as the petitioners could search for remedies through the civil court process as discussed supra. Read more