case law Case legislation is legislation that is based on judicial decisions relatively than regulation based on constitutions , statutes , or regulations . Case regulation concerns exceptional disputes resolved by courts using the concrete facts of the case. By contrast, statutes and regulations are written abstractly. Case legislation, also used interchangeably with common legislation , refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.
Article 199 on the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It can be very well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Stacy, a tenant inside a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he experienced not given her sufficient notice before raising her rent, citing a fresh state law that requires a minimum of 90 days’ notice. Martin argues that the new law applies only to landlords of large multi-tenant properties.
When the employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't had a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only carried out When the employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence and the petitioner company responded on the allegations as a result they were nicely aware of the allegations and led the evidence as a result this point is ofno use to become appeared into in constitutional jurisdiction at this stage. Read more
The official court record is maintained with the court of record. Copies of case file documents are not offered on the search site and will need for being ordered from the court of record.
To the foregoing reasons the moment suit is dismissed with no order concerning cost. Office to prepare decree in the above terms. Read more
When the state court hearing the case reviews the law, he finds that, whilst it mentions large multi-tenant properties in certain context, it can be actually really vague about whether the 90-working day provision applies to all landlords. The judge, based around the specific circumstances of Stacy’s case, decides that all landlords are held on the ninety-day notice necessity, and rules in Stacy’s favor.
In federal or multi-jurisdictional legislation systems there could exist conflicts between the various lower appellate courts. Sometimes these differences is probably not resolved, and it could be necessary to distinguish how the legislation is applied in a single district, province, division or appellate department.
Summaries offer concise insights into the legal principles governing agreements between parties, including the formation, interpretation, and enforceability of contracts, providing a precious resource for understanding contractual rights and obligations.
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 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition is usually dismissed. This is because service of the grievance notice can be a mandatory need in addition to a precondition for filing a grievance petition. The law requires that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. If your employer fails to reply 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.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is effectively-settled that the civil servants must first pursue internal appeals within ninety times. Should the appeal is not really decided within that timeframe, he/she will be able to then technique the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 days with the department to act has already expired. Around the aforesaid proposition, we have been guided through the decision in the Supreme Court from the case of Dr.
A year later, Frank and Adel have a similar challenge. When they sue their landlord, the court must utilize the previous court’s decision in applying the regulation. This example of case law refers to two cases listened to while in the state court, for the same level.
Preceding 4 tax years interpreted. It's not at all from the date of finalisation of audit but from the tax year read more involved. Read more
Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), and also the petitioners may possibly look for remedies through the civil court process as discussed supra. Read more