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Latest Judgments Home  Latest Judgments  Court:Supreme  Year:2013

Dec 31 2013

Monteverde Darvin Cynthia Vs. VGO Corp Ltd.

  • Decided on : 31-Dec-2013

Court : Singapore Supreme Court

Lionel Yee JC: 1. This is an appeal from the decision of the Assistant Commissioner for Labour ("the Commissioner") on 31 July 2013 concerning a claim by the Appellant against her former employer, the Respondent, for overtime pay during the period of her employment. At the hearing before the Commissioner, the Appellant appeared in person whereas the Respondent was represented by its human resource and administrative manager. On appeal, the Appellant remained in person but was assisted by a McKenzie friend. 2. By way of background, the Appellant was employed by the Respondent as a senior boutique associate starting from 21 August 2010. She was promoted to a boutique supervisor with effect from 1 May 2012. It was not disputed that her last drawn monthly basic salary was $1,900 and that she worked 60 hours per week. She ceased her employment with the Respondent when her work pass was cancelled on 17 August 2012. On 3 July 2013, she lodged a claim with the Commissioner for overtime pay for...
Dec 30 2013

BLQ Vs. BLR

  • Decided on : 30-Dec-2013

Court : Singapore Supreme Court

Tan Siong Thye JC: 1. This judgment relates to two summonses filed by the applicant- husband. SUM 30400/2013 is the husband's application for leave to appeal to the Court of Appeal. SUM 30539/2013 is the husband's application for a stay of execution pending the outcome of the husband's application for leave to appeal to the Court of Appeal. Background 2. The husband is a 61 year old crane operator while the respondent-wife is a 55 year old cleaner. They have two children aged 37 and 35. The parties' 37 years marriage broke down irretrievably in January 2011 after the wife's accidental discovery of the husband's 15 years relationship with a mistress. The husband also has a 14 year old daughter with the mistress. 3. The husband filed for divorce on the ground of unreasonable behaviour on the part of the wife. The wife counterclaimed for divorce on the ground of the husband's unreasonable behaviour. Interim judgment was ultimately granted on an uncontested basis. 4. The issues before the ...
Dec 19 2013

The "Titan Unity"

  • Decided on : 19-Dec-2013

Court : Singapore Supreme Court

Shaun Leong Li Shiong AR: 1. The central question raised in the present application concerns the threshold to be applied to determine the existence of an arbitration agreement in order to invoke the court's jurisdiction to grant a stay in favour of arbitration pursuant to section 6 of the International Arbitration Act (Cap. 143A, 2002 Rev Ed) ("IAA"). Background 2. The plaintiff, a bank registered under the laws of Germany, provided financing to a company known as Onsys Energy Pte Ltd ("Onsys") for the purchase of a cargo of fuel oil by the issuance of a letter of credit dated 20 January 2012. As the lawful holder of bills of lading dated 26 January 2012 acknowledging the carriage of a cargo of 5,003.373 MT of fuel oil 380CST on board the vessel ("bills of lading"), "TITAN UNITY" (official no. 393242) ("the vessel"), the plaintiff commenced a claim in misdelivery of cargo by filing an admiralty in rem action against the defendants on 26 July 2012. The plaintiff claims for the sum of US...
Dec 18 2013

Akuretiyage Onethra Amavindi Through Her Father and Another Vs. M.G.O. ...

  • Decided on : 18-Dec-2013

Court : Sri Lanka Supreme Court

Wanasundera, PC.J. The Petitioners in this case complain that the fundamental rights guaranteed to them under Article 12(1) of the Constitution have been violated by one or more of the Respondents when they did not admit the 1st Petitioner to Grade 1 of Dharmashoka Vidyalaya, Ambalangoda. The 2nd Petitioner is the father of the 1st Petitioner child who was not admitted to Grade 1 in January 2013. The application made to the school for admission of the 1st Petitioner was done under the category of "children of parents who are past pupils of the school". Admissions to school are governed by Circulars issued by the Ministry of Education and notifications issued in that regard from time to time. Applications are prepared in conformity with the specific application forms issued under the notifications. When the Petitioners applied for admission to Grade 1, they were called for an interview held by the Interview Board comprising of 1st to 5th Respondents. When the child did not get admission...
Dec 18 2013

AA (Somalia) (FC) Vs. Entry Clearance Officer (Addis Ababa)

  • Decided on : 18-Dec-2013

Court : UK Supreme Court

LORD CARNWATH (WITH WHOM LADY HALE, LORD WILSON, LORD REED AND LORD HUGHES AGREE) 1. Para 352D of the Immigration Rules provides for the grant of leave to enter to the child of a parent who has been admitted to the UK as a refugee. The issue in this case is whether the Para extends, or should be treated as extending, to a child for whom a family member has taken parental responsibility under the Islamic procedure known as "Kafala" (described in the agreed statement of issues as "a process of legal guardianship akin to adoption"). 2. The facts are fully set out in the judgment of Davis LJ in the Court of Appeal. The following is a sufficient summary for present purposes. i) AA was born in Somalia on 21 August 1994. Her family was "torn apart" by events in Somalia. Her father was killed in the mid 1990s. ii) An elder sister, Ms A, married Mohamed on 10 January 2001. In 2002 she came home to find that he, her daughter Fadima, and her step-daughter Amaani had been abducted. She eventually ...
Dec 17 2013

Bhusawal Municipal Council Vs. Nivrutti Ramchandra Phalak & Ors.

  • Decided on : 17-Dec-2013

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 11227-11228 of 2013 (S.L.P (C) Nos. 38901-38902 of 2013 arising out of CC1880818809 of 2013) Bhusawal Municipal Council Appellant Versus Nivrutti Ramchandra Phalak & Ors. Respondents JUDGMENT Dr. B. S. CHAUHAN, J.1. Delay condoned.2. Leave granted.3. These appeals have been filed with a delay of 308 days against the orders dated 20.4.2012 and 5.3.2013 passed by the High Court of Bombay (Aurangabad Bench) in Civil Application No.1724/2012 and Writ Petition (C) No.1586/2013 respectively, by which the High Court has granted interim relief to the extent of payment of 50% of the enhanced amount of compensation as awarded by the reference court in land acquisition proceedings.4. Facts and circumstances giving rise to these appeals are that: A. The land in dispute i.e. agricultural land bearing Gat No.196/2B/1 to 196/2B/7 admeasuring 4.25 R. situated at Bhusawal, Distt. Jalgaon, Maharashtra, was acquir...
Dec 17 2013

Ashfaq Ahm Vs. Namrata Chopra & Ors.

  • Decided on : 17-Dec-2013

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2100 of 2013 Ashfaq Ahmed Quereshi & Anr. Appellants Versus Namrata Chopra & Ors. Respondents ORDER Dr. B.S. CHAUHAN, J.1. This appeal has been preferred against the impugned judgment and order dated 15.3.2012 passed by the High Court of Madhya Pradesh at Jabalpur in M.Cr.C. No.8882/2011, by which the High Court has quashed the criminal proceedings against the respondent Nos. 1 and 2 in exercise of its power under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.).2. Facts and circumstances giving rise to this appeal are that: A. The appellants entered into an agreement for sale of land admeasuring 1.10 acres of land out of 2.20 acres of total land on 26.11.2009 which had been claimed by the said respondents 1 & 2 to be of their exclusive ownership and for that appellants paid a sum of rupees fifty lakhs to the said respondents as earnest money o...
Dec 16 2013

Heimeshoff v. Hartford Life & Accident Ins. Co.

  • Decided on : 16-Dec-2013

Court : US Supreme Court

Heimeshoff v. Hartford Life & Accident Ins. Co. NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus HEIMESHOFF v. HARTFORD LIFE & ACCIDENT INSURANCE CO. etal. certiorari to the united states court of appeals for the second circuit No. 12729.Argued October 15, 2013Decided December 16, 2013 Respondent Hartford Life & Accident Insurance Co. (Hartford) is the administrator of Wal-Mart Stores, Inc.s (Wal-Mart) Group Long Term Disability Plan (Plan), an employee benefit plan covered by the Employee Retirement Income Security Act of 1974 (ERISA). The Plans insurance policy r...
Dec 16 2013

Re:exploi.Of Chiln.Inj Orph.In St.Of T.N Vs. Union of India & Ors.

  • Decided on : 16-Dec-2013

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CRL.) No.102 of 2007 Re. Exploitation of Children in Orphanages in the State of Tamil Nadu ...Petitioner(s) Versus Union of India & Ors. Respondent(s) ORDER1 We have heard very lengthy submissions from the Amicus Curie Ms. Aparna Bhat, Ms. Indira Jaising, ASG, Mr. Paras Kuhad, ASG.2. It has been brought to our notice that inspite of the emphatic directions that have been issued by this court on 3rd January, 2013 directing all the States and the Union Territories to implement the protective provisions contained in the Protection of Rights of Children from Sexual Offences Act, 2012, the Right of Children to Free and Compulsory Education Act, 2009 and the Commission for Protection of Child Rights Act, 2005, many States and Union Territories have not complied with the same. By order dated 3rd January, 2013, we had also directed the States to file an affidavit indicating the time frame within which the S...
Dec 13 2013

Prof. a. Marx Vs. The Government of Tamil Nadu & Anr

  • Decided on : 13-Dec-2013

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Special Leave Petition (C) No.28043 of 2013 Prof. A. Marx. . Petitioner Verses Government of Tamil Nadu & Anr. . Respondents WITH Special Leave Petition (C) No.28042 of 2013 JUDGMENT K. S. RADHAKRISHNAN, J.1. The petitioner herein has approached the High Court seeking a writ of certiorari to quash the Tamil Nadu Teacher Eligibility Test (TNTET) -2013 Notification/Advertisement No.13/2013 dated 22nd May, 2013 issued by the Teachers Recruitment Board and also sought a direction to the Board to issue fresh notification extending the constitutional benefits of reservation to TNTET by assigning minimum qualifying cut off marks for each communal category, in accordance with the prevailing reservation rule and also for the consequential reliefs.2. The Madras High Court refused to grant the reliefs prayed for on the ground that the question as to whether relaxation/concessional marks to be granted or not to be grante...
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