Not known Factual Statements About how cases are handled that are not mentioned in law
Not known Factual Statements About how cases are handled that are not mentioned in law
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Article 199 of the Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It truly is effectively-settled that an aggrieved person must exhaust offered 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
Delay in recording confessional statement may not be treated fatal towards the case of prosecution(Murder Trial)
four. Record shows that the petitioner is booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the moment case. While the petitioner has obtained bail in People cases, it does, prima facie, establish that the petitioner is liable to repeating the offence.
Deterrence: The worry of severe effects, such as capital punishment, is meant to deter potential criminals from committing murder. This deterrent effect is essential in reducing the occurrence of intentional killings.
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on founded judicial authority to formulate their positions.
This is because transfer orders are typically regarded as within the administrative discretion in the employer. However, there may 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
seventy three . 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 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition could be dismissed. This is because service on the grievance notice is often a mandatory need along with a precondition for filing a grievance petition. The legislation calls for that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. If the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In case the organization is transprovincial.
six. Mere involvement inside a heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled for the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, considering the fact that then He's behind the bars, He's previous non-convict, never involved in almost any case, investigation qua him is complete, his person is no more expected for further investigation, therefore, his continuous incarceration would not provide any helpful purpose at this stage.
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its unique purpose and called for educational programs Bachelor diploma(s) in the topic of cooperative societies. Read more
Knowledge of the accused can be a matter to generally be inferred from the circumstances, for it being a state of mind, is very difficult to become proved otherwise.”
The death penalty, also known as capital punishment, will be the most severe form of punishment for murder under Section 302. It includes the execution from the convicted person as being a consequence of their crime.
10. Without touching the merits of your case on the issue of annual increases within the pensionary emoluments from the petitioner, in terms of policy decision from the provincial government, this sort of yearly increase, if permissible inside the case of get more info employees of KMC, needs further assessment to be made with the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and not enough 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
Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It could be used to guide the court, but is not binding precedent.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary into the determination of the current case are called obiter dicta, which constitute persuasive authority but aren't technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[four]