Court : Madhya Pradesh
Decided on : Oct-20-2011
..... by bhuralal and placed reliance upon the evidence relating to his adoption. the trial court also examined the plea of the respondent that the appellant had contracted second marriage with radhabai, but the trial court did not record any definite finding in this regard. thus, the trial court dismissed the suit. 6 ..... is a clear case of irretrievable breakdown of marriage. 20. so far as the issue of desertion is concerned, section 13(1)(ib) of the act requires desertion for a continuous period of not less than two years immediately preceding the presentation of the divorce petition. in the present case, the respondent ..... /1992 in criminal case no.1767/1992 (ex.d.1) by cjm, neemuch. 14. the cruelty has not been defined under the hindu marriage act, but by way of several judicial pronouncements the concept and scope of physical and mental cruelty has been elaborated. it is the settled position in law ..... entitled to the decree of divorce under section 13(1)(ib) of the act on the ground of desertion by the respondent ? 10. the first issue as to whether the appellant has successfully proved the cruelty on the part of ..... issues arise for determination in this appeal:- (1) whether the appellant is entitled to the decree of divorce under section 13(1)(ia) of the hindu marriage act on the ground of cruelty by the respondent ? (2) whether it is a case of irretrievable breakdown of marriage ? (3) whether the appellant is .....Tag this Judgment!
Court : South Africa Supreme Court of Appeal
Decided on : Mar-11-2011
..... the contribution is voluntary.14  the rationale for not allowing a salvage reward to a salvor acting under a pre-existing duty to render assistance, whether the duty arises from a contract or otherwise, is that such a person should not be encouraged to neglect his duty and, by ..... a salvage operation, art 17 of the convention restricts this requirement to circumstances where such an operation is performed in terms of an existing contract (which is not the case here). article 17 provides: no payment is due under the provisions of this convention unless the services rendered ..... exceed what can be reasonably considered as due performance of a contract entered into before the danger arose.  as prof hare points out,28although art 17 reinforces the voluntariness principle as far as contractual duties ..... , with the result that the salvage convention 1989 applies to any person performing a salvage operation? that goes beyond the scope of an existing contract. second, as there would appear not to be any reported judgments on this issue, there is, in the circumstances, no authority one way or ..... effect that even a public duty to render rescue services does not exclude the right to equitable remuneration, unless the rescuer is obliged to act without compensation.31fourth, counsel drew attention to the roman law principles of negotiorum gestioon which, certain writers32have suggested, the law of salvage is .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Jul-15-2011
..... engaged in the forces, or the civilian component accompanying them, that there are employment opportunities open to their spouses and other dependants and so actively tries to recruit them. their contracts of employment are governed by english law and the ministry of defence goes to considerable lengths to reassure such employees that their terms and conditions are essentially english. they pay ..... a british enclave. rather, they were working within an international enclave. but their employment was so closely connected to englandas to be within section 94(1) of the employment rights act 1996. they were "piggy-backed" by their husbands into the same terms and conditions as employees of the british armed forces posted to serve abroad, who undoubtedly fall within the ..... for, cathay pacific airways ltd, the hong kong airline; but he was based at heathrow under the airline's "permanent basings policy". 5. section 94(1) of the employment rights act 1996, which grants employees the right not to be unfairly dismissed, no longer contains any geographical limitation. parliament had repealed the previous exclusion of employees (mariners working on british ships ..... of the teachers. the issue in the cross-appeal is whether their employment is covered by the protection against unfair dismissal conferred by section 94(1) of the employment rights act 1996. 3. it is fair to say that had this issue stood alone it is unlikely that permission would have been given to bring an appeal to this court. it .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-20-2011
..... company s requirement, as a condition of promotion to management jobs, that employees be willing to relocate. id ., at 56a. absent instruction otherwise, there is a risk that managers will act on the familiar assumption that women, because of their services to husband and children, are less mobile than men. see dept. of labor, federal glass ceiling commission, good for business ..... was sufficient to raise the common question whether wal-mart s female employees nationwide were subjected to a single set of corporate policies (not merely a number of independent discriminatory acts) that may have worked to unlawfully discriminate against them in violation of title vii. id. , at 612 (emphasis deleted). it also agreed with the district court that the named ..... class, finding that respondents satisfied federal rule of civil procedure 23(a), and rule 23(b)(2) s requirement of showing that the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole. the ninth circuit ..... themselves and a nationwide class of some 1.5 million female employees, because of wal-mart s alleged discrimination against women in violation of title vii of the civil rights act of 1964. they claim that local managers exercise their discretion over pay and promotions disproportionately in favor of men, which has an unlawful disparate impact on female employees; and .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-09-2011
..... i would attend to these distinctions when deciding which of indiana s several vehicular flight crimes count as violent felon[ies] under the armed career criminal act (acca), 18 u. s. c. 924(e)(2)(b). because petitioner marcus sykes was convicted only of simple vehicular flight, and not of ..... and three years, ind. code 35 50 2 7(a). the distinction between the provisions is their relationship to subsection (a), which prohibits, among other acts, much conduct in which a person (1) forcibly resists, obstructs, or interferes with a law en-forcement officer ; (2) forcibly resists, obstructs, or ..... (analogizing dui to strict-liability, negligence, and recklessness crimes). by contrast, the indiana statute at issue here has a stringent mens rea requirement. violators must act knowingly or intentionally. ind. code 35 44 3 3(a); see woodward , 770 n. e. 2d, at 901 (construing the statute to require a ..... flight. iii sykes argues that, regardless of risk level, typical vehicle flights do not involve the kinds of dangers that the armed career criminal act s (acca) residual clause demands. in his view this court s decisions in begay and chambers require acca predicates to be purposeful, violent, ..... (2004). the federal district court decided that the prior convictions subjected sykes to the 15-year mandatory minimum prison term that the armed career criminal act (acca), 18 u. s. c. 924(e), provides for an armed defendant who has three prior violent felony convictions. rejecting sykes argument that .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-11-2011
..... of the fourth container terminal, the respondents had given the appellant cause for legitimate expectation of being eligible to bid for and be awarded the contract. mr. nariman submitted that the respondents had acted in a manner engineered to preclude the appellant from participating in the tender for the development of the fourth container terminal at jnpt.27. appearing ..... petitioner, which was covered by clause 2.3 of the licence agreement, the petitioner could not have been barred from participating in the tender process for being awarded the contract for the second container terminal at tuticorin port. ms. chidambaram submitted that the decision of the tuticorin port trust authorities to debar the petitioner from participating in the tender ..... the bombay high court, the respondents successfully urged before the court in the said writ petition that the 1996 policy would prevail over clause 2.3 of the nsict contract. on the other hand, as stated hereinbefore, in writ petition no.1551 of 2009 filed by the appellant, the respondents took a contrary stand by contending that clause ..... regulation under section 178 of the act became necessary because a regulation made under section 178 had the effect of interfering with and overriding the existing contractual relationship between the regulated entities. this court held that a regulation under section 178 is in the nature of subordinate legislation which could even override the existing contracts, including power purchase agreements, .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-07-2011
..... ) of a person appointed on probation, during or at the end of the period of probation; or (b) of a person appointed otherwise than under contract to hold a temporary appointment on the expiration of the period of the appointment or at any time in accordance with the terms of appointment ; or ..... (c) of a person engaged under contract in accordance with the terms of his contract; does not amount to removal or dismissal within the meaning of this rule." 1. the punishment provided in rule 27, therefore, ..... in my view, here is a fit case where an exemplary cost ought to be imposed against nagar nigam, bareilly for such a mindless illegal act on their part. sri anil tiwari, learned counsel for the corporation, however, very fairly said that authorities may have committed a serious error in passing ..... niyamawali, 1962 (hereinafter referred to as "1962 rules") which reads as under: "27. punishment - subject to the provisions of section 110 of the act the following penalties may for good and sufficient reasons and as hereinafter provided be imposed upon the servants of the mahapalika by the authority which is competent ..... to make such appointments under section 107 of the act, notwithstanding that such an appointment in any particular case may have been made under section 577 (f) (2) of the act, namely- (i) fine in case of servants belonging to the inferior service only: .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-08-2011
..... albeit under protest, she cannot be compensated for the period for which she had not actually worked. admittedly, the appointment is a tenure appointment on contract basis. 26. having noticed the inexplicable circumstances in which respondent no.3 came to be appointed as law officer group b inspite of having processed ..... respondent no.3 to carry the matter to supreme court. in our opinion, this request cannot be acceded to, as the left over period of contract is only till october, 2011. further, if the respondent no.3 finally succeeds, she can be suitably compensated including an order of reinstatement. hence, ..... officer, it is for the secretary of the department to ponder over the same and take appropriate corrective action against the concerned officials for their acts of commission and omission. 27. while parting, we may however place on record that in future, the advertisement and/or the application form ..... are conscious of the fact that the petitioner has not made out any case of malafide or bias against a particular officer who must have acted to favour the respondent no.3. however, it is enough for the petitioner to point out that the impugned order of appointment was in ..... the petitioner also came to know that ms.deepa v.deshpande and mr.suvidh g.mhatre had made an application under the right to information act regarding the said appointments. when the petitioner got necessary information about the illegalities in the appointment of respondent no.3, she immediately filed writ .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-06-2011
..... , she filed the suit for reliefs stated against her brothers only. the petitioner has also wanted to incorporate the promoter with whom the defendants are alleged to have made a contract contending that the promoters have raised a high rise construction on the suit property. the plaintiff has not stated why they are the necessary parties in the suit for adjudication ..... suit property and the prayer for injunction as stated. she has not stated anything how the developer is interest in the suit property or what are the terms of the contract between the proposed defendants and promoters. so, that is a separate dispute between the intending parties inter se. 5. under the above circumstances, if the prayer of the plaintiff is ..... on behalf of the petitioners has contended that the suit is not maintainable in view of the provisions of section 12(a) of the west bengal building regulation of promotion act. this contention cannot be ignored in the circumstances; but it should be taken care of with regard to the suit at the appropriate stage by the learned trial judge, when .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-28-2011
..... of business, in accordance with law. it is a supportive measure for recovery of unpaid debt/amount covering all the negotiable instruments as contemplated under the negotiable instrument act, apart from a valid, written contract/receipt/acknowledgment. it may be an express term or an implied term, based upon facts and circumstances of the case, considering the practice, trade and usage of ..... the payment after effecting the carriage and upon the receipt of the plaintiffs invoices, in dubai, for want of written documents, just cannot be accepted at this stage. such oral contract, even if any, unless substantiated by the plaintiffs, in my view, it is not the case to grant summons for judgment as prayed. 10 11 the scheme and purpose of .....Tag this Judgment!