An Unbiased View of responsibility of finder of goods case laws
An Unbiased View of responsibility of finder of goods case laws
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In case 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 answer the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only accomplished When the employee can show that they'd a good reason for not serving the grievance notice. While in the present case, the parties were allowed to lead evidence as well as petitioner company responded for the allegations therefore they were effectively aware of the allegations and led the evidence therefore 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
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In that sense, case law differs from one particular jurisdiction to another. For example, a case in New York would not be decided using case regulation from California. Instead, Ny courts will examine the issue relying on binding precedent . If no previous decisions to the issue exist, The big apple courts could examine precedents from a different jurisdiction, that would be persuasive authority alternatively than binding authority. Other factors such as how old the decision is along with the closeness to the facts will affect the authority of a specific case in common legislation.
The lots of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. However it can be made obvious that police is free to consider action against any person that's indulged in criminal activities matter to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-subject duties while in the interim period. Read more
This is because transfer orders are typically considered within the administrative discretion of the employer. However, there may very well be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the suitable forum. 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 small sway. Still, if there isn't any precedent in the home state, relevant case legislation from another state may very well be deemed via the court.
When the state court hearing the case reviews the law, he finds that, although it mentions large multi-tenant properties in some context, it is actually quite vague about whether the ninety-working day provision relates to all landlords. The judge, based to the specific circumstances of Stacy’s case, decides that all landlords are held on the 90-day notice need, and rules in Stacy’s favor.
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is usually a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; In case the parents in the boy or Female will not approve of this sort of inter-caste or interreligious marriage the utmost they're able to do if they can Minimize off social relations with the son or the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or man who's a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anyone who presents this kind of threats or harasses or commits acts of violence both himself or at his instigation, is taken to endeavor by instituting criminal proceedings through the police against these types of persons and further stern action is taken against this kind of person(s) as provided by legislation.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a effectively-set up 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 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 with the charge, however, that is subject to the procedure provided under the relevant rules and not otherwise, with 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 over the evidence.
Have you been looking for Court Information? You may use our site to search to get a case or search for just a person. Information around the site is updated every 24 several hours at 3:00 am. Please Note: Name and Case information found within the search site is provided to be used as reference material and is not the official court website record.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the legislation laid down from the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority with the parent department of your petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay the pension amount and other ancillary benefits to the petitioner to which He's entitled under the regulation within two months from the date of receipt of this order. The competent authority of your respondent is also directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
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As the Supreme Court is definitely the final arbitrator of all cases where the decision has actually been arrived at, therefore the decision with the Supreme Court needs to get taken care of as directed in terms of Article 187(2) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Criminal cases Within the common regulation tradition, courts decide the legislation applicable into a case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Not like most civil regulation systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their personal previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions constant with the previous decisions of higher courts.