case law Case legislation is legislation that is based on judicial decisions alternatively than law based on constitutions , statutes , or regulations . Case law concerns special disputes resolved by courts using the concrete facts of the case. By contrast, statutes and regulations are written abstractly. Case regulation, also used interchangeably with common legislation , refers back to the collection of precedents and authority set by previous judicial decisions on a particular issue or matter.
For legal professionals, there are specific rules regarding case citation, which differ depending to the court and jurisdiction hearing the case. Proper case regulation citation inside of a state court will not be acceptable, or even accepted, in the U.
In addition it addresses the limitation period under Article ninety one and a hundred and twenty with the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
We make no warranties or guarantees about the accuracy, completeness, or adequacy of your information contained on this site, or even the information linked to on the state site. Some case metadata and case summaries were written with the help of AI, which can develop inaccuracies. You should read the full case before counting on it for legal research purposes.
This is because transfer orders are typically deemed within the administrative discretion with the employer. However, there can be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the right forum. Read more
Lots of the volumes (which include more recent volumes than the library's holdings) also are available online through the Caselaw Access Project.
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year previous boy from his home to protect him from the horrible physical and sexual abuse he experienced endured in his home, and to prevent him from abusing other children within the home. The boy was placed in an crisis foster home, and was later shifted all over within the foster care system.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it can be handy for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation for making an attempt to get rid of a case on advantage and more importantly when after recording of evidence it's arrived at into a stage of final arguments, endeavors should be made for merit disposal when it's arrived at this sort of stage. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It's also a properly-founded proposition of law 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 reach 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 within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter into the procedure provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings on the evidence.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Bearing on the second issue of non-service of grievance notice. Under Section 33 of your Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition is usually dismissed. This is because service with the grievance notice can be a mandatory prerequisite and a precondition for filing a grievance petition. The legislation necessitates that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. When the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
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 on the respondents that pensionary benefits could possibly be withheld on account of your allegations leveled against the petitioner, within our view, section twenty in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does give for certain circumstances under which a civil servant's pension could be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension may very well be withheld or reduced. In a few cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions established from the government.
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Commonly, only an appeal accepted because of the court of past vacation resort will resolve these types of differences and, for many reasons, this sort of appeals tend to be not granted.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, Additionally it is a effectively-established proposition of legislation 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, implement to click here disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is issue to your procedure provided under the relevant rules and not otherwise, for your 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 within the evidence.