Court : Kolkata
Decided on : Apr-19-2012
..... such principles were unknown to such member. the appellants refer to the inherent inconsistency in the impugned order in that it finds the appellants guilty of abuse of process and multifariousness and yet permits the appellants to launch similar proceedings at a later date. the appellants refer to the computer-age judicial malaise of copypaste that is evident in several paragraphs ..... an end. the sentiment expressed is most profound, the words are wisely said and there can be no manner of doubt that upon a litigant being found to indulge in multifariousness and abuse of the judicial or quasijudicial process, the harshest of consequences should visit such litigant.the question is whether the judicial or quasi-judicial emotion reflected in the passage ..... apart from the narration of some basic features of the matter, the clb was so engrossed with the allegation that the petitioners had abused its process and had indulged in multifariousness, that it presumed that it was so and restricted the exercise of its judicial exercise to finding a few legal cliches to hang the appellants therefrom. it does not appear .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-23-2012
..... proceeding in which the estoppel is raised, or their privies, or that the decision was conclusive in rem. 22. the principle of resjudicata is founded on public policy to prevent multifariousness of legal proceedings between the same parties. this doctrine is based on two factors namely; (i) judicial decisions has to reach finality and end in conclusiveness resulting intermination of disputes .....Tag this Judgment!
Court : Chennai
Decided on : Apr-17-2012
..... just as a hair oil, but, as already pointed out in the preceding paragraqph and as certified by the director of ayurveda that it has multifarious functions and one of which happens to be for the scalp or for the hair, it would not make the oil sold by the assessee, ..... case of the assessee herein is that ramtirth brahmi oil is not just plain hair oil/medicated hair oil, but it is an oil which has multifarious applications over the body.16. the assessee placed before the authorities concerned, the proceedings before the bombay commissioner, accepting the case of the assessee that ..... as hair oil and not for any other purpose. given the fact that the assessee had produced materials to the effect that ramtirth brahmi oil has multifarious applications and not confined to hair oil, we have no hesitation in rejecting the plea of the revenue that the item in question is only a ..... that the mere presence of coconut oil, per se, would not make a simple hair oil. what is to be seen is the multifarious applications of the said oil. in the circumstances, placing reliance on the unreported decisions of the various states on the very same product, learned counsel submitted ..... of the tribunal. learned counsel appearing for the respondent pointed out that as seen from the literature of ramthirth brahmi oil, the said oil has multifarious applications and not a simple hair oil. countering the stand of the revenue that ramthirth brahmi oil has a coconut oil base, learned counsel submitted .....Tag this Judgment!
Court : Delhi
Decided on : Aug-28-2012
..... far as payment side of the cash book is concerned, head clerk (budget) has got a larger share of responsibility. the cos supervision was superficial in view of his multifarious duties as second in command of the group centre vide para 2.3 of crpf go and b officers manual (ex.s-39). the cashier exploited this gap in supervision ..... has been exploited by the cashier to his advantage. this gap in supervisionlapse could possibly have been avoided by the co. however, keeping in view his explanation, and also the multifarious duties he had to attend to as second in command, no malafides have been established against him. 6.24 as regards keeping of the keys of the treasury chest para ..... , and he was primarily concerned with the entries on the credit side. it has also come on record that the co as asstt. commandant (a/o) has to attend to multifarious duties as second in command of the group centre, ajmer vide para 2.3(1-11) of crpf gc and b officers manual available in ex.s-39. the documents .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-26-2012
..... , (5) cases in which there is an unusual need for unquestioning adherence to a political decision already made, and (6) cases in which there is a potential for embarrassment from multifarious pronouncements by various departments on one question. ibid. as justice sotomayor also points out, these categories (and in my view particularly the last four) embody circumstances in which prudence may ..... counsel against a court s resolution of an issue presented. courts should be particularly cautious before forgoing adjudication of a dispute on the basis that judicial intervention risks embarrassment from multifarious pronouncements by various departments on one question, would express a lack of the respect due coordinate branches of government, or because there exists an unusual need for unquestioning adherence to ..... expressing lack of the respect due coordinate branches of government ; (5) an unusual need for unquestioning adherence to a political decision already made ; or (6) the potentiality of embarrassment from multifarious pronouncements by various departments on one question. id., at 217. baker established that [u]nless one of these formulations is inextricable from the case at bar, there should be no .....Tag this Judgment!
Court : Delhi
Decided on : May-18-2012
..... in delhi university etc. same thing happened when the superannuation age of teachers was extended from 60 to 62 years. 30. it was highlighted by mr. mukund that dpes perform multifarious duties which are as under: a. to teach students in theory about the norms and rules of various games. b. to guide and train students during practice of various physical ..... as well, mr. mukund submitted that the duties expressly or otherwise, discharged by the petitioner are not different from teachers of other disciples, which can be best appreciated when the multifarious duties of the petitioner are perused. 15. according to mr. mukund, jawaharlal nehru university in its affidavit had not denied the aforesaid duties discharged by the petitioner. 16. mr. amitesh ..... inter-university tournaments. (e) to guide the students about the rules of the various games and sports. 10. from the aforesaid affidavit it is clear that a physical director has multifarious duties. he not only arranges games and sports for the students every evening and looks after the procurement of sports material and the maintenance of the grounds but also arranges .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-13-2012
..... legislative functions by the legislature, two broad principles emerge, viz. (i) that delegation of non essential legislative function of fixation of rate of imposts is a necessity to meet the multifarious demands of a welfare state, but while delegating such a function laying down of a clear legislative policy is pre-requisite and (ii) while delegating the power of fixation of ..... is the determination of the legislative policy and its formulation as a rule of conduct. obviously it cannot abdicate its functions in favour of another. but in view of the multifarious activities of a welfare state, it cannot presumably work out all the details to suit the varying aspects of a complex situation. it must necessarily delegate the working out of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-11-2012
..... the intervener companies is correct or not. it requires to be investigated and an investigation per se would help them to clear their position, rather than subjecting them to face multifarious litigations, investigations and economic burden. having heard them, we are unable to find any prejudice to parties if further or wider investigation is directed by this court. the direction of ..... the obligations of rule of law. the court cannot countenance an approach of this kind where the state can be permitted to escape its liability only on the ground that multifarious complaints or investigations have been initiated by private persons or bodies other than the state. in our considered view, it enhances the primary and legal duty of the state to .....Tag this Judgment!
Court : Chennai
Decided on : Jan-05-2012
..... he does not not have given power to sanction leave. it must be noted that a supervisory work is not only either sanctioning leave or taking disciplinary action. it involves multifarious roles under section 2(19) of the tamil nadu cooperative societies act. the term officer includes not only the president and other office bearers, but also the secretary of the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-02-2012
..... with licence. the licence to be issued to telecom operators will be in the nature of `unified licence' and the licence holder will be free to offer any of the multifarious telecom services. in the event the licence holder wouldlike to offer wireless services, it will have to obtain spectrum through a market driven process. in future, there will be no .....Tag this Judgment!