Results.
12 judgments found.
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| May 2015 |
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A government circular cannot retrospectively reduce an employee’s accrued gratuity entitlement without consent.
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Employment law — gratuity — construction and effect of administrative circulars — accrued rights — unilateral retrospective variation of conditions of service impermissible — discrimination in benefit allocation — Industrial and Labour Relations Act s.85(5).
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29 May 2015 |
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25 May 2015 |
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25 May 2015 |
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25 May 2015 |
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20 May 2015 |
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20 May 2015 |
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18 May 2015 |
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Whether an arbitral tribunal may sua sponte determine document authentication and terminate proceedings without denying a party its case.
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Arbitration — jurisdiction ratione materiae — competence‑competence; Arbitration Act s.17(2)(a)(ii) — construction disjunctive (Interpretation & General Provisions Act s.4(4)); Party autonomy — procedural limits where parties choose governing substantive law; Authentication of Documents Act — place of execution; Ultra petita — tribunal exceeding mandate; Setting aside and remittal to arbitration.
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15 May 2015 |
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14 May 2015 |
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An appeal against a Deputy Registrar’s interlocutory decision made in exercise of assessment jurisdiction properly lies to the Supreme Court.
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Civil procedure — jurisdiction of appeal — Order 30/10(1) and (4) HCR — appeals from Deputy Registrar on assessment of damages lie to the Supreme Court — Statutory Instrument No.71 of 1997 clarifies sub‑rule (4) — subpoena duces tecum issued in assessment proceedings.
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14 May 2015 |
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Court corrected a clerical error on applicable circular and dismissed a separate appeal for want of prosecution.
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Civil procedure — Interpretation of prior judgment — correction of clerical slip — reference to Circular B3 of 1965 corrected to Circular No. B9 of 1985 governing baggage allowance; Criminal procedure — dismissal for want of prosecution — failure to prosecute and failure to file grounds and heads of argument after undertaking
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13 May 2015 |
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Arbitral award upheld: arbitrator acted within mandate and damages clause not contrary to public policy.
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Arbitration — setting aside award — scope of arbitrator’s mandate — court may examine award, pleadings and affidavits where submission agreement absent; arbitrator’s implication of contractual term upheld
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Contract — liquidated damages — penalty/public policy — award not contrary to public policy
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2 May 2015 |