case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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Google Scholar – a vast database of state and federal case legislation, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
Article 199 on the Constitution allows High Court intervention only when "no other ample remedy is provided by law." It can be perfectly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
It also addresses the limitation period under Article 91 and 120 from the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination in the current case are called obiter dicta, which constitute persuasive authority but will not be technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]
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Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it requires legal transfer of title. Agreement to sell must be made and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
When the state court hearing the case reviews the regulation, he finds that, whilst it mentions large multi-tenant properties in a few context, it's actually rather imprecise about whether the 90-working day provision relates to all landlords. The judge, based on the specific circumstances of Stacy’s case, decides that all landlords are held on the 90-working day notice need, and rules in Stacy’s favor.
The legislation as established in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
ten. Without touching the merits of your case of the issue of once-a-year increases while in the pensionary emoluments with the petitioner, in terms of policy decision with the provincial government, these annual increase, if permissible inside the case of employees of KMC, necessitates further assessment to get made from the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
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 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition might be dismissed. This is because service in the grievance notice is often a mandatory need and a precondition for filing a grievance petition. The law needs that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. Should the employer fails to reply or resolve the grievance, the employee can then here file a grievance petition with the National Industrial Relations Commission CNIRC) In case the organization is transprovincial.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be well-settled that the civil servants must first pursue internal appeals within 90 days. If your appeal isn't decided within that timeframe, he/she will then method the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 times with the department to act has already expired. Over the aforesaid proposition, we're guided through the decision of your Supreme Court from the case of Dr.
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Where there are several members of a court deciding a case, there may be a person or more judgments presented (or reported). Only the reason to the decision from the majority can represent a binding precedent, but all could be cited as persuasive, or their reasoning may very well be adopted in an argument.
The uncovered Tribunal shall decide the case on merits, without being influenced via the findings inside the Impugned order, after recording of evidence with the respective parties. Read more