Details, Fiction and fishing expedition case law

Details, Fiction and fishing expedition case law

Blog Article

Google Scholar – an unlimited database of state and federal case regulation, 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.

Official database for searching and viewing federal court dockets and case documents. Little fees utilize.

Given that the Supreme Court is definitely the final arbitrator of all cases where the decision has long been attained, therefore the decision with the Supreme Court needs being taken care of as directed in terms of Article 187(2) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

Normally, the burden rests with litigants to appeal rulings (such as those in apparent violation of set up case law) to the higher courts. If a judge acts against precedent, plus the case isn't appealed, the decision will stand.

Consequently, the petition and any related applications are dismissed. The Petitioner has got to pursue his remedy through an appeal before the competent authority. If these types of an appeal has not nonetheless been decided, it should be addressed. Following that decision, the Petitioner might then search for further recourse before the Service Tribunal. Read more

Generally speaking, higher courts never have direct oversight over the decreased courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments from the lessen courts.

In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-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 in the home. The boy was placed within an unexpected emergency foster home, and was later shifted about within the foster care system.

Numerous judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name on the ECL based to the criminal case are inconsistent with set up legal principles. For that reason, this petition must be allowed Read more

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

139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, here Bench at Sukkur Concerning the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition is often dismissed. This is because service in the grievance notice is actually a mandatory necessity and also a precondition for filing a grievance petition. The regulation requires that a grievance notice be served on 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 reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.

Executing a case regulation search may be as easy as entering specific keywords or citation into a search engine. There are, however, certain websites that facilitate case legislation searches, like:

Any court might seek out to distinguish the present case from that of the binding precedent, to succeed in a different summary. The validity of such a distinction may or may not be accepted on appeal of that judgment to your higher court.

171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually well recognized now that the provision for proforma promotion just isn't alien or unfamiliar to the civil servant service composition but it is already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority might if contented that a civil servant who was entitled to be promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service to your Federation/ province inside the higher post, direct that these types of civil servant shall be paid the arrears of pay out and allowances of these types of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

Rulings by courts of “lateral jurisdiction” usually are not binding, but can be used as persuasive authority, which is to present substance on the party’s argument, or to guide the present court.