Court : South Africa Supreme Court of Appeal
..... power between consumers and credit providers by providing consumers with adequate disclosure of standardised information in order to make informed choices.  apart from these objectives, the general tenor of the whole act makes clear that one of its overarching objectives is to ensure that the parties to a credit agreement, especially the consumer, are fully aware of the actual risks ..... negotiability, and must be founded on a justa causa debendi, or reasonable cause in order to be valid and enforceable.the obligation to pay, represented by the cheque, which generally arises from some transaction (contractual or otherwise), is dependent upon the validity of that underlying transaction.thus if, for example, the underlying transaction is voidable, illegal or there has ..... s 1 it describes it as an agreement that meets all the criteria set out in section 8. the relevant parts of s 8, in turn, provide: (1) subject to subsection (2), an agreement constitutes a credit agreement for the purposes of this act if it is (a) a credit facility, as described in subsection (3); (b) a credit transaction, as described ..... would be honoured. in the courts opinion, to hold that the cheques could be pledged as security under the act would mean that cheques in respect of loans were subject to the act. this, in turn, would materially alter the common law applicable to provisional sentence which treats transactions based on cheques as totally distinct from those based on underlying agreements and .....Tag this Judgment!
Court : Delhi
..... appropriate government under section 10(1)(c) read with section 12 (5) of the id act. reliance was placed for the said purpose, on the following judicial pronouncements: (i) delhi cloth and general mills co. ltd vs workmen, air1967sc469 (ii) i.t.d.c. vs delhi administration, 1982 lab ic1309(del), (iii) mool chand ..... in june 1991. these documents, however, whether viewed individually or collectively, cannot, in my opinion, be said to establish the absence of intention, on the part of the petitioner, to abandon his services.30. it must be remembered that there is no dispute about the fact that, with effect from 28th may, ..... in the absence of animus to abandon. mr. chaturvedi submits that the facts of the present case would emphatically militate against any presumption of animus, on the part of his client, to abandon his service, and draws my attention, in this regard, to (i) the affidavit, dated 23rd may, 1994, of the ..... court, was only regarding the legality of the termination, by the respondent, of the petitioner, and submitted, therefore, that the labour court was proscribed, in law, from framing an issue as to whether the petitioner had, or had not, abandoned his services. he sought to place reliance, for this purpose, on ..... labour court had no option but to direct the petitioner?s reinstatement, and that it seriously erred in law in failing to do so, has merely to be stated to be rejected. it was no part of the duty of the labour court to direct the respondent to take back, on its rolls, .....Tag this Judgment!
Court : US Supreme Court
..... to a drug peddler." post, at 419 (opinion of stevens, j.). criminal prohibitions do not generally apply to reasonable enforcement actions by officers of the law. see, e. g., 2 p. robinson, criminal law defenses 142(a), p. 121 (1984) ("every american jurisdiction recognizes some form of law enforcement authority justification"). it is one thing to acknowledge and accept such well defined (or even ..... 448 (1932) ("we are unable to conclude that it was the intention of the congress in enacting [a prohibition act] statute that its processes of detection and enforcement should be abused by the instigation by government officials of an act on the part of persons otherwise innocent in order to lure them to its commission and to punish them"); united states v. palmer ..... is doubtful congress intended 1001 to cast so large a net. first enacted in 1863 as part of the prohibition against filing fraudulent claims with the government, the false statement statute was originally limited to statements that related to such filings. see act of mar. 2, 1863, ch. 67, 12 stat. 696-697. in 1918, congress broadened the prohibition to cover ..... , 3 wheat. 610, 631 (1818) (opinion of marshall, c. j.) (holding that although "words 'any person or persons,' [in maritime robbery statute] are broad enough to comprehend every human being[,] ... general words must not .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(4)ALLMR100; 2007(3)BomCR7
..... which dealt with public charities. section 92 provides that where the direction of the court is deemed necessary for administration of any trust, the advocate general or two or more persons having an interest in the trust and having obtained leave of the court may institute a suit, whether contentious or not ..... after authorisation is granted under clause (c), the trustees will be obliged to apply for sanction under clause (b). in our view, only this part of the reasoning adopted by the division bench is incorrect.under clause (c). the charity commissioner can authorise the trustees to sell the trust property only ..... what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust; (f) authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged; (g) settling a scheme, or (h) granting such further or other relief as ..... court of original jurisdiction or in any other court empowered in that behalf by the state government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate to obtain a decree (a) removing any trustee; (b) appointing a new trustee; (c) ..... to the trustees. the trustees applied under section 24(2) of the said act of 1949 before the agricultural income tax board. ultimately a statement of case was drawn up by the board and was submitted to the high court. the question of law which was referred to the high court for decision was .....Tag this Judgment!
Court : Karnataka
Reported in : 1998(3)KarLJ195
..... of the employer and the other from the stand point of the employee. if an activity falls into either part, it will be an industry within the meaning of the act. (ii) the history of industrial disputes and the legislation recognises the basic concept that the activity shall be an organised ..... the officer is liable the state cannot be sued. the liability of the officers personally was not doubted even in viscount canterbury v attorney general. but the crown was held immune on doctrine of sovereign immunity. since the doctrine has become outdated and sovereignty now vests in the people ..... to determine if the legislative or executive function is sovereign in nature is whether the state is answerable for such actions in courts of law. for instance, acts such as defence of the country, raising armed forces and maintaining it, making peace or war, foreign affairs, power to acquire and ..... legislature is free to legislate on topics and subjects carved out for it. similarly, the executive is free to implement and administer the law. a law made by a legislature may be bad or may be ultra vires, but since it is an exercise of legislative power, a person affected ..... between sovereign and non-sovereignpowers for which no rational basis survives has largely disappeared. therefore, barring functions such as administration of justice, maintenance of law and order and repression of crime etc., which are among the primary and inalienable functions of a constitutional government, the state cannot claim any .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1997KAR1810
..... me requested to indicate the arrangements made by the state government for the conduct of the contest. as the state government has not made any arrangements, except arrangements related to law and order and allied matters, no reply was sent to the aforesaid letter. the correspondence in this regard is what has been referred to hereinbefore. 4. i submit that ..... the air force authorities at bangalore could have thereafter directly entered into a dialogue with the third respondent company and after assessment accepted the ground rents and made available a part of the defence grounds putting substantial strains on the safety measures of sensitive defence establishments. even if it be conceded that taking care of the safety and security of ..... been enacted for safeguarding the government against unauthorised contracts. the provisions are embodied in section 175 of the government of india act and article 299(1) of the constitution on the ground of public policy - on the ground of protection of general public - and these formalities cannot be waived or dispensed with.'14. keeping in view the said aspects, under order ..... b. corporation limited (hereinafter in short the 'the company') on rental basis for conducting certain events connected with a purely commercial venture, namely, the 'miss world beauty pageant, 1996'2. the present writ petition has been filed as a public interest litigation. the petitioner, apart from being a practicing advocate of this court and sitting mla, is an active social .....Tag this Judgment!
Court : Karnataka
Reported in : 2000ACJ438; ILR1998KAR3733; 1998(5)KarLJ587
..... the error of the court below. section 115 of the code of civil procedure circumscribes the limits of that jurisdiction but the jurisdiction which is being exercised is a part of the general appellate jurisdiction of the high court as a superior court. it is only one of the modes of exercising power conferred by the statute; basically and fundamentally it is ..... when a person approaches the high court, he approaches high courts for exercise of its appellate jurisdiction over the order passed by the court subordinate to high court. it is general appellate jurisdiction. no doubt, its exercise is circumscribed by the conditions and manner provided as to when it shall be exercised. but as their lordships laid down, basically and fundamentally ..... of full bench of the allahabad high court in the case of h.c.d. mathur, secretary of the national federation of railways v e.i. railway administration through its general manager, their lordships held that.-'as a matter of fact, the question as to what are and what are not civil courts falls to be determined under two enactments relating ..... , '(1) the court of the district judge; (2) the court of additional judge; (3) the court of the civil judge; and (4) the court of the munsiff'. '(13) thus, while the law prevailing in the agra province limits the civil courts to the classes enumerated in the bengal, agra and assam civil courts act, the oudh act permits the creation of such courts by other .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2004(5)ALD200
..... administration evidencing the grant to him of administration to the estate of the deceased, or(ii) a certificate granted under section 31 or section 32 of the administrator general's act, 1913 (3 of 1913), and having the debt mentioned therein, or(iii) a succession certificate granted under part x and having the debt specified therein, or(iv) a certificate granted under the succession ..... subject-matter of succession is only property of a deceased person and it is a succession to the property of the deceased that is the subject-matter of the act. property known to law is of various kinds moveable, immoveable, etc,17. the question is whether the succession certificate could be granted with reference to any one of the above-mentioned categories ..... country.9. part viii deals with the representative title to property of deceased on succession.10. part ix deals with the probate, letters of administration and administration of assets of deceased. this part also does not make any distinction for its ..... iii of the act. part vii of the act deals with the protection of the property of the deceased and this part does not recognize or place any restriction on the applicability of the part on the basis of the religion of the deceased person. in other words, the provisions of part vii have a general application to all the persons who are subject to law of the .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1994P& H47
..... property in his possession or under his management, if such magistrate considers that such direction is likely to prevent, or tends, to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquillity, or a rigot, or an affray.' similarly, under section l45, an executive ..... a bearing on the controversy in these cases. the legislature enacted the punjab gram panchayat act, 1952 with the object of providing for better administration in the rural areas of punjab through panchayats. in chapter i, provisions of a general nature have been made. chapter ii provides for the demarcation of the sabha areas and the establishment and constitution of gram ..... panchayat act, certain amendments were made. by way of illustration, it may be mentioned that in section 15(2) for the words 'a magistrate' the words 'an executive ..... independent of the executive. in furtherance of this objective, the state of punjab enacted the 1964 act so as to provide for 'the separation of judiciary and executive functions.' a provision has accordingly been made in the act amending various enactments specified in parts i, ii and iii of the schedule. even with regard to the provisions contained in the punjab gram .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1954SC300; 1978(2)ELT287(SC); (1954)IMLJ680(SC); 1SCR1077
..... evidence, 9th edition, pages 215 and 474). 7. these principles, as they were before the statutory change in 1898, were carried into the american legal system and became part of its common law. (see wigmore on evidence, vol. viii, pages 301 to 303). this was later on incorporated into their constitution by virtue of the fifth amendment thereof. the language of ..... would amount to 'an unreasonable search and seizure' and is hence unconstitutional as violating the fourth and fifth amendments. the case, therefore, does not lend support for any general doctrine that a search and seizure in all circumstances is tantamount to a compelled production in violation of the fifty amendment. that decision itself expressly recognizes the legality of various ..... and connected set of facts and are dealt with together. they arise under the following circumstances. the registrar of the joint stock companies, delhi state, lodged information with the inspector general, delhi special police establishment, to the following effect. messrs. dalmia jain airways ltd. was registered in his office on the 9th july, 1946, with an authorised capital of rs ..... of 1852 also declared the protection of witnesses against compulsion to answer incriminating questions. shortly thereafter in 1855, this protection was modified by section 32 of act ii of 1855 which made him compellable to answer even incriminating questions but provided immunity from arrest or prosecution on the basis of such evidence or any other kind of .....Tag this Judgment!