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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Sorted by: old Court: us supreme court Year: 2011 Page 1 of about 133 results (0.094 seconds)

Feb 01 2011 (FN)

Global Process Systems Inc and Another (Respondents) Vs. Syarikat Taka ...

Court : UK Supreme Court

Decided on : Feb-01-2011

..... accident or casualty. the damage to the gloves in noten occurred because, on loading in their cartons into their container, they had a moisture content reflecting the humidity of the calcutta atmosphere, and because the container was in rotterdam discharged into a markedly colder atmosphere, where it cooled, setting up convection currents within the container which carried moist air from the ..... of the sea that the loss only occurred because the vessel was unseaworthy. indeed, after negativing the existence of any warranty or defence under section 39(5) of the 1906 act, lord birkenhead lc, with whose speech viscount haldane and viscount cave agreed, turned without further consideration of unseaworthiness to the question whether the vessel had met with any peril of ..... of the insured voyage , including the weather reasonably to be expected" (para 111). there was no basis upon which to disturb this assessment of the facts. the marine insurance act 1906 54. the statutory background includes provisions dealing directly with the fitness of the vessel in the case of hull insurance (section 39) and of the goods and carrying vessel ..... to the provisions relating to time policies, where loss or damage attributable to unseaworthiness at the outset known to the assured is excluded. 43. the provisions of the 1906 act do not fit easily with the proposition that inherent vice or nature of the subject-matter insured means that unseaworthy goods are not covered against loss or damage attributable to .....

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Feb 01 2011 (FN)

Zh (Tanzania) (Fc) (Appellant) Vs. Secretary of State for the Home Dep ...

Court : UK Supreme Court

Decided on : Feb-01-2011

..... the separate interests of the children in this case, boldly argued that immigration and removal decisions might be covered by section 1(1) of the children act 1989: "when a court determines any question with respect to (a) the upbringing of a child; or (b) the administration of a child ..... to the uncrc concerning immigration matters. but that reservation was lifted in 2008 and, as a result, section 55 of the borders, citizenship and immigration act 2009 now provides that, in relation among other things to immigration, asylum or nationality, the secretary of state must make arrangements for ensuring that those ..... in international law, and the spirit, if not the precise language, has also been translated into our national law. section 11 of the children act 2004 places a duty upon a wide range of public bodies to carry out their functions having regard to the need to safeguard and promote the ..... those obligations are now (at least partially) reflected in the duty of the secretary of state under section 55 of the borders, citizenship and immigration act 2009. the secretary of state now concedes that it would be disproportionate to remove the mother in the particular facts of this case. but she ..... congo. their child, however, is a british citizen. the secretary of state intends to deport the father under section 3(5) of the 1971 act and also served notice of intention to deport both mother and child. there is power to deport non-citizen family members of those deported under section .....

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Mar 07 2011 (FN)

Kasten Vs. Saint-gobaIn Performance Plastics Corp.

Court : US Supreme Court

Decided on : Mar-07-2011

..... october 13, 2010 decided march 22, 2011 petitioner kasten brought an antiretaliation suit against his former employer, respondent (saint-gobain), under the fair labor standards act of 1938 (act), which provides minimum wage, maximum hour, and overtime pay rules; and which forbids employers to discharge any employee because such employee has filed any complaint ..... retaliation from inducing workers quietly to accept substandard conditions. ibid. why would congress want to limit the enforcement scheme s effectiveness by inhibiting use of the act s complaint procedure by those who would find it difficult to reduce their complaints to writing, particularly illiterate, less educated, or overworked workers? president franklin ..... complaints. and insofar as the provision covers complaints made to employers, a limiting reading would discourage using informal workplace grievance procedures to secure compliance with the act. the national labor relations act s antiretaliation provision has been broadly interpreted as protecting workers who simply participate[d] in a [national labor relations] board investigation. nlrb v. scrivener ..... definitions, state statutes and federal regulations sometimes contemplate oral filings, and contemporaneous judicial usage shows that oral filings were a known phenomenon at the time of the act s passage. even if filed, considered alone, might suggest a narrow interpretation limited to writings, any complaint suggests a broad interpretation that would include an oral .....

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Apr 04 2011 (FN)

Atandt; Mobility Llc Vs. Concepcion

Court : US Supreme Court

Decided on : Apr-04-2011

..... proceedings for identical claims. thus, if speedy resolution of disputes were all that mattered, then the discover bank rule would reinforce, not obstruct, that objective of the act. the majority s related claim that the discover bank rule will discourage the use of arbitration because [a]rbitration is poorly suited to higher stakes lacks empirical support. ..... frustrate both of them. contrary to the dissent s view, our cases place it beyond dispute that the faa was designed to promote arbitration. they have repeatedly described the act as embod[ying] [a] national policy favoring arbitration, buckeye check cashing , 546 u. s., at 443, and a liberal federal policy favoring arbitration agreements, notwithstanding ..... have been more likely to hold contracts to arbitrate unconscionable than other contracts. broome, an unconscionable applicable of the unconscionability doctrine: how the california courts are circumventing the federal arbitration act, 3 hastings bus. l. j. 39, 54, 66 (2006); randall, judicial attitudes toward arbitration and the resurgence of unconscionability, 52 buffalo l. rev. 185, 186 ..... it found the arbitration provision unconscionable because it disallowed classwide proceedings. the ninth circuit agreed that the provision was unconscionable under california law and held that the federal arbitration act (faa), which makes arbitration agreements valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract, 9 .....

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May 18 2011 (FN)

R (on the Application of Gc) (Fc) (Appellant) Vs. the Commissioner of ...

Court : UK Supreme Court

Decided on : May-18-2011

..... need for the change: hansard (hc debates), 29 january 2001, col 42. this history shows beyond doubt that parliament's purpose in enacting section 82 of the criminal justice and police act 2001, which inserted section 64(1a) into pace, was to ensure that, in future, instead of being destroyed, samples taken from suspects would be retained indefinitely and so remain available ..... cannot be pressed too far. but in essence it was being argued in the context of article 8(2) of the echr that it was a fundamental feature of the police act 1997 that all relevant information could (and should) be disclosed in a criminal record certificate, since anything less would defeat the fundamental protective purpose of the statute. these submissions are ..... be destroyed as soon as they have fulfilled the purpose for which they were taken." section 64(1a) of pace was enacted by section 82 of the criminal justice and police act 2001. it is still in force. it provides: "(1a) where(a) fingerprints, impressions of footwear or samples are taken from a person in connection with the investigation of an offence ..... the metropolis [2010] 1 ac 410. the claimant was employed by an agency providing staff for schools. the agency required her to apply under section 115(1) of the police act 1997 for an enhanced criminal record certificate giving the prescribed details of every relevant matter relating to her which was recorded in central records, since she was a prospective employee .....

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Jul 13 2011 (FN)

Al Rawi and Others (Respondents) Vs. the Security Service and Others ( ...

Court : UK Supreme Court

Decided on : Jul-13-2011

..... them depends upon a classification of the kind adopted by the court of appeal: see eg the wardship and children cases, including in re t (wardship: impact of police intelligence [2009] ewhc 2440 (fam), [2010] 1 flr 1048, chief constable v yk [2010] ewhc 2438 fam and in re d (minors) (adoption reports: ..... held that there was no justification for a claim for immunity for the entire class of documents generated by an investigation into a complaint against the police. 145.i would accept the submission made by ms rose that the following principles correctly state the approach to pii as it has stood until ..... having found (at pp 996-997) that there was nothing in them which was in any way prejudicial to the proper administration of the relevant police force or to the general public interest, directed that they be disclosed for use in the litigation. 144.it is common ground that the current ..... the countervailing public interest in having the claim litigated on the available relevant evidence. in reality such a position could only be avoided if the police made comprehensive admissions which absolved the court from the duty to enter into any of these issues. but a case which can only be ..... terrorism act 2008. 15. a striking example of a case where the court had to balance these two competing interests is carnduff v rock [2001] ewca civ 680, [2001] 1 wlr 1786. a registered police informer brought an action against the police to recover payment for information and assistance provided to the police. .....

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Jul 13 2011 (FN)

Home Office (Appellant) Vs. Tariq (Respondent) and Home Office (Respon ...

Court : UK Supreme Court

Decided on : Jul-13-2011

..... right to a fully adversarial procedure where strictly necessary in the light of a strong countervailing public interest, such as national security, the need to keep secret certain police methods of investigation or the protection of the fundamental rights of another person. there will not be a fair trial, however, unless any difficulties caused to the defendant ..... rights, lord hoffmann at p 131 said: "parliamentary sovereignty means that parliament can, if it chooses, legislate contrary to fundamental principles of human rights. the human rights act 1998 will not detract from this power. the constraints upon its exercise by parliament are ultimately political, not legal. but the principle of legality means that parliament must squarely ..... united kingdom law provides effective legal protection, by establishing a system of legal remedies and procedures to ensure respect for the relevant rights conferred by the race relations act and the employment equality regulations in implementation of the united kingdom's obligations under the two directives. mr allen relies upon the decisions of the court of ..... 78/ec ("the employment equality directive") established a general framework for equal treatment in employment and occupation. this led to the making, under section 2 of the european communities act 1972, of the employment equality (religion or belief) regulations 2003 ("the employment equality regulations"), prohibiting discrimination on grounds of religion or belief and providing: "3.(1) for .....

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Oct 06 2011 (FN)

REFERENCE - Ambrose Vs. Harris (Procurator Fiscal, Oban) (Scotland), R ...

Court : UK Supreme Court

Decided on : Oct-06-2011

..... one of the most important and fundamental rights of a citizen". his lordship did so in the context of section 58(1) of the police and criminal evidence act 1984 ("pace"). the present references have raised the question as to when, and in what circumstances, such a right emerges as part of scots ..... cadder, let alone with the substantial extension to that rule now proposed by the respective accused in these references.section 76(2) of the police and criminal evidence act 1984 (pace) provides:"if, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it ..... have been made at the very outset before the making of any charge, but i am satisfied that, in not making it, the police officers followed their usual practice and acted with an intention of complete fairness. nonetheless, any such practice, in my opinion, ought to be reformed" the later full bench decision ..... have access to a solicitor (1) this section applies to a person ("the suspect") who (a) is detained under section 14 of this act, (b) attends voluntarily at a police station or other premises or place for the purpose of being questioned by a constable on suspicion of having committed an offence, or (c) is ..... of a road-side breath test, and in the cases of m and g before they were detained and questioned at a police station under section 14 of the 1995 act. it is precisely because the issue that the references raise was not the subject of decision in either case that the court .....

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Oct 06 2011 (FN)

REFERENCE - Her Majesty's Advocate Vs. P (Scotland)

Court : UK Supreme Court

Decided on : Oct-06-2011

..... , admit in evidence the fruit of the poisoned tree. the balance struck here ('a pragmatic compromise' as . . . [lord bingham describes it]) appears plainly from section 76 of the police and criminal evidence act 1984. there is, moreover, this too to be said: whereas coerced statements may be intrinsically unreliable, the fruits they yield will have independent evidential value."if, then, as i ..... law and, i hope we may all agree, none the worse for that.although lord hope (at para 18) has already referred to section 78(1) of the police and criminal evidence act 1984 (pace) and noted its obvious relevance in the context of any breach of section 58 of pace, it is, i think, worth setting out its terms verbatim and ..... referred: see para 22, above. so i think that regard can be had to the position in england and wales which is dealt with in section 76 of the police and criminal evidence act 1984, as lord brown has explained: see para 32, below. subject to the court's discretionary power to exclude it under section 78(1), evidence derived from an ..... to the admissibility of evidence, would be adopted. the law of england and wales is to the same effect. section 58 of the police and criminal evidence act 1984 provides that a person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time. section 76(4 .....

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Oct 12 2011 (FN)

Axa General Insurance Limited and Others (Appellants) Vs. the Lord Adv ...

Court : UK Supreme Court

Decided on : Oct-12-2011

..... 4(2) came into force, and any legal proceedings which were determined before that date. claims which have been determined are therefore not affected by the act.since the act renders pleural plaques (and the analogous conditions mentioned in section 2) actionable, it has the effect of rendering persons liable in damages in respect of pleural ..... disease sustained by their employees, such insurance being compulsory, for employers other than certain public bodies, in terms of the employers' liability (compulsory insurance) act 1969. the 2009 act may thus have the effect of rendering insurers liable to indemnify employers under policies of employers' liability insurance, depending in any individual case upon the interpretation ..... to result in their harmful ingestion should be thus actionable. although the dean of faculty for the appellants suggested that realistically this is the effect of the 2009 act pleural plaques themselves being intrinsically harmless and their real significance being their manifestation of substantial exposure to potentially lethal fibres the existence of demonstrable physical changes ..... takes its place under our constitutional arrangements as a self-standing democratically elected legislature. its democratic mandate to make laws for the people of scotlandis beyond question. acts that the scottish parliament enacts which are within its legislative competence enjoy, in that respect, the highest legal authority. the united kingdom parliament has vested in the .....

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