Court : Supreme Court of India
Decided on : Jul-23-2014
..... whether the above provisions particularly and the 1952 act generally would bring the commission comprising of a sitting supreme court judge within the meaning of court under section 2(c)(i)?. whether the proceedings before the commission are judicial proceedings for the purposes of section 2(c) (ii)?. whether the functioning of such commission is part of the administration of justice within the meaning ..... recommendations constitute a definitive judgment when confirmed by the government. this, however, is not the case with a commission appointed under the commissions of inquiry act, 1952, whose findings are not contemplated by law as liable at any stage to confirmation by any authority so as to assume the character of a final decision. 34. we agree with the view ..... which is fixed and uniform. the quasi-judicial tribunal, on the other hand, gives its decision on the differences between the parties not in accordance with fixed rules of law but on principles of administrative policy or convenience or what appears to be just and proper in the circumstances of a particular case. in other words, the process employed ..... y. v. chandrachud, has given on the kuldip singh commission s report is a stunning indictment. succinct, understated to the point of being deferential, scrupulously adhering to facts and law, eschewing completely the slightest attribution of any motive to the commission, the opinion is a model of rectitude. nothing in the report survives it evidence that it was agreed would .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Feb-19-2014
..... claim brought by a beneficiary. the relevant parts of section 8 of the 1888 act (section 8"), which did not involve a repeal of section 23(2) of the 1873 act, are set out in para 22 above. 47. the law on limitation of actions generally was considered by the law revision committee in its fifth interim report ( ..... june 1938, vol 110, col 314). 147. the bill went to the house of commons, where it was introduced by another member of the law revision committee, the solicitor-general, sir terence o'connor qc. he opened the debate at 11.56 pm on 19 july 1938 by saying "it is not a simple ..... bill introduced in another place last month in order to do something to clear up the confusion which was found to exist in the law. ... clauses 19 and 20 extend the general exclusion from all limitations to actions to recover money from trustees and executors, and in the case of personal estates, make a ..... that these principles should be affirmed. third, after an expression of regret about the possible missed opportunity to do this provided by the trustee act 1888, an unequivocally general intention was stated to do away with the distinction between express and constructive trusts for the purposes of limitation. there is nothing to support ..... property, he held that the lapse of time could not be relied upon. 136. in in re dixon  2 ch 561, 574, the facts of which concerned events between 1876 and 1896, webster mr referred to the classes enumerated by bowen lj in soar v ashwell "of persons who are subject .....Tag this Judgment!
Court : Singapore Supreme Court
Decided on : Feb-26-2014
..... 14. the singapore liquidators subsequently filed sum 3435/2012 pursuant to s 273(3) of the act for the determination of the following questions of law ("the questions"): (1) whether the provisions of part x of the companies act (cap. 50) ("part x"), in particular section 350(2) of the companies act (cap. 50), apply to [beluga chartering] and its joint and several liquidators in singapore ..... modification, such that the joint and several liquidators are required to comply with part x in carrying out their duties as liquidators of [beluga chartering]. (2) subject to the determination of issue (1), whether the joint and several liquidators of [beluga chartering] in singapore have the power, under part x or general law, and are at liberty to repatriate [beluga chartering's] assets in ..... singapore under s 351(1). this provision is found in division 5 of part x of the act. section 350(2) provides as follows: provisions of division cumulative (2) this division shall be in addition to, and not in derogation of, any provisions contained in this or any other written law with respect to the winding up of companies by the court and the ..... in other parts of the act or even in other laws. 24. the judge held that the word "companies", which is found twice in conjunction with the words "winding up" in s 350(2), must be read generically to mean any corporate "legal person" in both instances and is not confined to "a company incorporated pursuant to the [act]" as provided in the general definition in .....Tag this Judgment!
Court : South Africa Supreme Court of Appeal
Decided on : May-14-2014
..... 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 : National Consumer Disputes Redressal Commission NCDRC
Decided on : Apr-24-2014
..... service on the part of appellants no. 1 and 2, both at the pre-delivery and post-delivery stages in the treatment of complainants wife and in providing neonatal facilities to the preterm infant? 9. generally speaking, negligence? is the omission to do what the law requires, or the failure to do anything in a manner prescribed by law. it is the act which can be ..... definition involves three constituents of negligence: (1) a legal duty to exercise due care on the part of the party complained of towards the party complaining the formers conduct within the scope of the duty; (2) breach of the said duty; and (3) consequential damage.? 11. halsburys laws of england (fifth ed. vol. 78) states the nature of negligence liability as under:- negligence ..... evident from the statement of appellant no. 1, that dr. pratima dasgupta, an mbbs was acting on the instructions of appellant no. 1. in his statement, he admitted that dr. pratima dasgupta and dr. manju chakraborty, md, appellant no. 2, who had performed preterm delivery, were part of his team and thus, fully aware that complainants wife was a high risk patient, yet ..... -quoted as bolam test, generally accepted as a true enunciation of the meaning of the expression negligence by the medical practitioners, mcnair j. said: in the ordinary case which does not involve any special skill, negligence in law means this: some failure to do some act which a reasonable man in the circumstances would do, or doing some act which a reasonable man in .....Tag this Judgment!
Court : Rajasthan Jodhpur
Decided on : Jul-16-2014
..... and ahimsa . (non-violence).mahavir, gautam buddha and mahatma gandhi guided the people to ingrain these values in their daily life. truth constituted an integral part of the justice- delivery system which was in vogue in the pre- independence era and the people used to feel proud to tell truth in the courts ..... , mr.dave has placed reliance on the following verdicts of the hon ble apex court. 1. dalip singh versus state of uttar pradesh & ors.[(2010) 2 scc114 2. prestige lights limited versus state bank of india [(2007) 8 scc449 3. rakesh kumar goel & ors.versus uttar pradesh state industrial development corporation limited & ..... so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings. 2. in the last 40 years.a new creed of litigants has cropped up. those who belong to this creed do not have any respect for ..... heard learned counsel for the parties. on 26th of may 2014, learned counsel for the petitioner made a request seeking permission of the court .to withdraw the writ petition. the prayer made by the learned counsel for the petitioner was opposed by learned counsel for the respondents and thereupon ..... may form an opinion in any legal proceedings that the court would not have so acted had it been correctly apprised of the facts and the law. the factor attracting applicability of restitution is not the act of the court being wrongful or a mistake or error committed by the court; the .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-05-2014
..... with nawab of awadh (lucknow), the said area of oudh continued to be ruled by the "nawabs" till its annexation in 1856. 34. in respect to the muslim in oudh area, oudh laws act xviii of 1876 was enacted. vide section 3 thereof, the laws to be administered in the case of mohammadans would be ..... dispute. 21. the defendant contested the suit by filing written statement dated 4.11.1974. denying entire averments of plaint in general, defendant disputed status of plaintiff no.2 as mutawalli and said that plaintiff no.1 is not a juristic person and has no right to institute aforesaid suit. the ..... in possession, after expiry of the such period, will stand conferred title. the law of limitation is enshrined in the maxim "interest reipublicae ut sit finis litium" (it is for the general welfare that a period be part to litigation). 74. mere expiry of limitation could have extinguished remedy but the principle ..... the competitor." "apart from the actual and continuous possession which are among other ingredients of adverse possession, there should be necessary animus on the part of the person who intends to perfect his title by adverse possession." "a person who under the bona fide belief thinks that the property ..... penalty. inaction for a period of 12 years is treated by the doctrine of adverse possession as evidence of the loss of desire on the part of the rightful owner to assert his ownership and reclaim possession." 129. however, the court further observed that if property, by virtue of some .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-07-2014
..... railway police (3) village chaukidars appointed in agra under act xvi of 1873 and in oudh under act xviii of 1876. not enrolled under act v of 1861. 8. regulations 397 and 398 are in the following terms: "397. the gazetted officers of the force are- (1) inspector-general. (2) deputy inspectors-general. (3) superintendents. (4) assistant superintendents. (5) deputy superintendent. 398. the non-gazetted officers of the ..... and may at any time be employed as police officer in any part of the general police district. section 23 provides for duties of police officers as follows: "23. duties of police officers.- it shall be the duty of every police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority, to collect and communicate ..... the need to maintain law and order and security. the division bench held that in view of the judgment of the supreme court in jasveer singh's case, it could not be said that the appellants who are constables having put in more than ten years' service in the civil police could have been transferred under the second part of regulation 525 ..... with the approval of the deputy inspector general of police even if it is assumed that the delegation of power made in his favour was correct. the special appeal was allowed. in vinod .....Tag this Judgment!
Court : Singapore Supreme Court
Decided on : Jan-07-2014
..... was eventually paid out did not accord with that promise, and the plaintiffs brought this action seeking to enforce it. the facts the parties 2. dresdner bank ag ("dresdner bank") was at all material times a bank incorporated in germany. it had a singapore branch ("db singapore") and a global ..... of allianz se ("allianz"). however, it was sold and became a wholly owned subsidiary of the defendant, commerzbank ag ("commerzbank"), from 12 january 2009. by operation of german law, all the assets and liabilities of dresdner bank passed to commerzbank. it is for that reason that commerzbank is the ..... enforceable entitlement even though the amount of the award had to be determined by an exercise of discretion on the part of dresdner bank. they asserted that dresdner bank had to act in a bona fide and rational manner, taking into account proper factors. they relied on clark v nomura internationalplc ..... review the provisional award and, if necessary, to reduce the provisional award. bonuses are awarded subject to statutory withholding deductions as required by law. you will receive a detailed statement confirming your final bonus award in local currency in february 2009. this will be paid together with your ..... (1875) lr 10 exch 153 (affirmed in manuel misa v raikes currie, g grenfell glyn, and others (1876) 1 app cas 554) (at 162): a valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance .....Tag this Judgment!