Article 199 in the Constitution allows High Court intervention only when "no other sufficient remedy is provided by legislation." It is perfectly-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. During the light of the position explained previously mentioned, it really is concluded that a civil servant includes a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the length of service or from the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
four. Record shows that the petitioner has been 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 instant case. Regardless that the petitioner has obtained bail in People cases, it does, prima facie, set up that the petitioner is at risk of repeating the offence.
Even though there isn't any prohibition against referring to case law from a state other than the state in which the case is being heard, it holds minimal sway. Still, if there is not any precedent from the home state, relevant case law from another state may be thought of from the court.
Subscription access exclusively for organizations/businesses (SCC ID expected) to criminal case information in participating Circuit Courts with the purpose of confirming of an individual’s date of birth.
Section 302 in the PPC deals with on the list of most serious offenses in criminal law: murder. In this blog site post, we will delve into the provisions of Section 302, examine the punishment it involves, and examine some notable case laws related to this particular section.
Following the decision, NESPAK, as directed, conducted an assessment of the grid project and submitted that enough mitigation measures were in place to render any possible adverse impacts negligible. Based on this, the grid check here station was permitted being built.
6. Mere involvement within a heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled for that concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, due to the fact 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 demanded for further investigation, therefore, his ongoing incarceration would not serve any advantageous purpose at this stage.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it demands 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
Although many websites offer free case legislation, not all are equally reliable. It’s crucial To guage the credibility of the source before depending on the information.
Alternative Punishment: In a few cases, the court may have the discretion to award life imprisonment as an alternative to your death penalty. Life imprisonment entails the offender spending the remainder of their life behind bars without the possibility of parole or early release.
She did note that the boy still needed substantial therapy in order to cope with his abusive past, and “to reach the point of being Secure with other children.” The boy was receiving counseling with a DCFS therapist. Again, the court approved of the actions.
A reduced court may well not rule against a binding precedent, even if it feels that it is actually unjust; it could only express the hope that a higher court or perhaps the legislature will reform the rule in question. If the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the regulation evolve, it might both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for a judge to recommend that an appeal be performed.
competent authority has determined the eligibility with the private respondents and found them to generally be suit for promotion. CP dismissed(Promotion)