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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: supreme court of india Page 8 of about 156 results (0.073 seconds)

Oct 27 2017 (SC)

Bijender Vs. State of Haryana

Court : Supreme Court of India

..... which the compensation was determined by the collector by applying the belting system in working out the compensation was just and proper and as per section 23 of the act. the reference court, therefore, did not enhance the compensation awarded by the collector. all the reference petitions were accordingly dismissed.15) aggrieved by the said awards, the landowners filed separate regular first ..... deduction is, 2 therefore, made, which ranges from 20% to 50% or in appropriate cases even more. (see atma singh(dead) thr. l.rs. & ors. vs. state of haryana & anr. 2008 (2) scc568.51) keeping the aforementioned well settled principles of law in consideration, let us recapitulate the facts of the case hereinbelow to examine the issue arising in the case ..... . however, the objections filed by the landowners were rejected by collector finding no merit therein under section 5a of the act.9) this was followed by 3 declarations made and published under section 6 of the act on 21.08.2008 bearing no.lac(h)-2008-ntla/423 in respect of the land measuring 74.10 acres of land in village singhpura, lac(h ..... /426 in respect of the land measuring 199.57 acres of land in village safidon, singhpura, rampura, ratta khera and khera khemawati and lac(h)-2008-ntla/429 in respect of the land measuring 150.97 acres in village safidon and khera khemawati.10) the collector held an enquiry. he applied the belting system for determining .....

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Oct 11 2017 (SC)

Independent Thought Vs. Union of India

Court : Supreme Court of India

..... years. the position as on date is that under the protection of children from sexual offences act, 2012, juvenile justice (care and protection of children) act, child marriage restraint act, 1929, protection of women from domestic violence act, 2005, the majority act, 1875, the guardians and wards act, 1890, the indian contract act, 1872 w.p. (c) no.382 of 2013 page 87 and many other legislations, a ..... an intoxicating drug is consumed by the public. while upholding the view of 23 (1986) 3 scc38524 (1984) 1 scc22225 (2008) 3 scc1w.p. (c) no.382 of 2013 page 53 the delhi high court striking down the provision as unconstitutional, this court held in paragraphs 46 and 47 of the report: it is to be borne in mind that legislations with pronounced ..... s principles of statutory interpretation, 9th edn., 2004, p. 497...... 56. in subramanian swamy v. director, cbi49, a constitution bench of this court laid down the following principle:48. (2008) 4 scc72049 (2014) 8 scc682w.p. (c) no.382 of 2013 page 104 court s approach 49. where there is challenge to the constitutional validity of a law enacted by the legislature, the ..... court must keep in view that there is always a presumption of constitutionality of an enactment, and a clear transgression of constitutional principles must .....

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Dec 16 2015 (SC)

Reserve Bank of India Vs. Jayantilal N. Mistry

Court : Supreme Court of India

..... of confidentiality of sensitive information , there is a need to harmonise these conflicting interests. it is submitted that certain exemptions were carved out in the rti act to harmonise these conflicting interests. this court in central board of secondary education and anr. vs. aditya bandopadhyay and ors, (2011)8 scc497 has observed as under:- when trying to ensure ..... , page41) defines fiducial relation thus : there is a technical distinction between a fiducial relation which is more correctly applicable to legal relationships between parties, such as guardian and ward, administrator and heirs, and other similar relationships, and confidential relation which includes the legal relationships, and also every other relationship wherein confidence is rightly reposed and is exercised. ..... by fraudsters and hence an advisory note was issued to the concerned branch on december 2007 for its irregularities. the finance minister even mentioned that in the year 2008 the icici bank ltd. was also warned for alleged irregular dealings in securities in hong kong. hence, the respondent sought such advisory note as issued by the ..... banking system, the rbi has discretion in the disclosure of such information in public interest.24. mr. andhyarujina, learned senior counsel, referred various decisions to the high court and submitted that the disclosure of information would prejudicially affect the economic interest of the state. further, if the information sought for is sensitive from the point of .....

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Apr 24 1973 (SC)

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... law is made by the parliament or the state legislatures contravening even the most insignificant provision of the constitution, that law will be void. from that point of view the courts acting under the constitution will have to look upon its provisions with an equal eye. secondly, if an essential provision is amended and a new provision is inserted which, in ..... common assumption of the parties and decided the case accordingly. undesirable as it is that doubtful questions of validity should' go by default, the fact is that, the court usually acts upon the presumption of validity until the law is specifically challenged.775. similar was the view expressed by viscount simonds speaking for the judicial committee in attorney-general of commonwealth ..... power has of course been debated. the law in its generic terms includes a constituent law, namely, the constitution itself made by a constituent assembly-as indicated by the wards "the constitution as by law established", or an amendment made in accordance with the provision contained in the constitution, as well as an ordinary legislative law made by the ..... omnipotence of parliament. when it is claimed that fundamental rights are accorded a "transcendental position" in the constitution, it is seeking to read kant's transcendental idealism into the constitution.2008. this philosophy has entailed the subservience of the directive principles of state policy to the fundamental rights. january 26, 1950 became the great divide : on one side of it .....

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Mar 19 2013 (FN)

Kirtsaeng Vs. John Wiley and Sons, Inc.

Court : US Supreme Court

..... infringed wiley s copyrights. i would therefore affirm the second circuit s judgment. notes 1 in 2008, congress renumbered what was previously 602(a) as 602(a)(1). see prioritizing resources and organization for intellectual property act of 2008 (proipa), 105(b)(2), . like the court, i refer to the provision by its current numbering. 2 although justice kagan s concurrence suggests ..... 109(a). any such copy would have been made in accordance with or in compliance with the u. s. copyright act, in the sense that manufacturing the copy did not violate the act (because the act does not apply extraterritorially). the court rightly refuses to accept such an absurd conclusion. instead, it interprets 109(a) as applying only to copies whose making ..... the intent of congress. united states v. american trucking assns., inc., 310 u. s. 534, 542 (1940) . instead of adhering to the legislature s design, the court today adopts an interpretation of the copyright act at odds with congress aim to protect copyright owners against the unauthorized importation of low-priced, foreign-made copies of their copyrighted works. the ..... work consisting preponderantly of nondramatic literary material . . . in the english language to be manufactured in the united states or canada. copyright act of 1976, 601(a), . because congress expressly referred to manufacturing in this provision, the court contends, the phrase lawfully made under this title in 109(a) cannot mean manufactured in the united states. ante, at 19. this .....

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May 05 2017 (SC)

Mukesh and Anr Vs. State for Nct of Delhi and Ors

Court : Supreme Court of India

..... (2013) 1 scc613 chandra prakash v. state of rajasthan (2014) 8 scc340etc.) 99. in yogesh @ sachin jagdish joshi v. state of maharashtra (2008) 10 scc394 this court, after referring to the law laid down in several pronouncements, summarised the core principles of law of conspiracy in the following words: 23. thus, it ..... section 27 . 130. in mohd. inayatullah v. state of maharashtra[52]., dealing with the scope and object of section 27 of the evidence act, the court held: 12. the expression provided that together with the phrase whether it amounts to a confession or not show that the section is in the ..... the testimony of the magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. a certification by the doctor is essentially a rule of caution and therefore the ..... in character and the roving cross-examination has not eroded his credibility. it is necessary to mention here that pw-1 was admitted in the casualty ward of safdarjung hospital. as he was injured, he was medically examined by dr. sachin bajaj, pw-51, and as per the evidence, ext.pw ..... rescission of an agreement constituting criminal conspiracy: to constitute a conspiracy, meeting of minds of two or more persons for doing an illegal act or an act by illegal means is the first and primary condition and it is not necessary that all the conspirators must know each and every detail of .....

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Apr 13 2018 (SC)

Commissioner of Central Excise Etc. Vs. m/s.aishwarya Industries Throu ...

Court : Supreme Court of India

..... under the auspice of the general agreement on tariffs trade (gatt). in commissioner of customs and central excise, goa v. phil corporation ltd. (2008) 17 scc569 this court explained the hsn as under:-"9. ...the central excise tariff act is broadly based on the system of classification from the international convention called the brussels 69 convention on the harmonized commodity description and coding ..... given in the glossary of terms of the isi."74. 60. however, in camlin ltd. v. commissioner of central excise, mumbai (2008) 9 scc82 this court held that if the entries under hsn and the entries under the central excise tariff act are different then reliance cannot be placed upon hsn notes for the purposes of classification of goods under the central excise ..... note 2 to section vi and chapter note 3 to chapter 33 in support of the contentions advanced. apart from relying on the aforesaid provisions of the act, shri panda has submitted before the court that an elaborate market survey of the product undertaken had indicated that coconut oil in smaller packages are understood in the market and purchased as hair oil ..... by military personnel who are posted in high-altitude areas. in commissioner of central excise, calcutta v. sharma chemical works (2003) 5 scc60 this court held that in interpreting provisions of a statute like the excise act, the popular meaning as understood by the users should be applied and not the scientific or technical meaning.49. as held in jain exports pvt .....

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Dec 01 2010 (FN)

Spiller and Another (Appellants) Vs. Joseph and Others (Respondents)

Court : UK Supreme Court

..... if it has no factual basis to support it jerusalem v austria (2003) 37 ehrr 25, para 43." in lindon. otchakovsky-laurens and july v france (2008) 46 ehrr 35 the grand chamber went further, stating at para 55: "the classification of a statement as a fact or as a value judgment is a matter ..... sense but also, in some cases, inferences of fact where it is clear they are not objectively verifiable: see eg gatley on libel and slander, 11th ed (2008), at para 12.7. for example, where a conclusion is expressed by the commentator in circumstances where it is obvious to the reader that he cannot know the ..... allege that they did not, in the end, perform the extra 30 minutes, which is why it does not appear on their records. in february 2008 the posting was inadvertently uploaded to a part of the defendant's site where it could be accessed and it remained there until april ..... 2008. the posting was removed following a solicitor's letter on behalf of the claimants. the claimants allege that they lost a further booking in consequence. ..... public interest. the limits of acceptable criticism are wider in relation to politicians acting in their public capacity than in relation to private individuals jerusalem v austria (2003) 37 ehrr 25, para 38. in hrico v slovakia (2005) 41 ehrr 18, para 40g the court observed that there was little scope under article 10(2) of the .....

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Oct 27 2010 (FN)

Oceanbulk Shipping and Trading Sa (Respondent) Vs. Tmt Asia Limited an ...

Court : UK Supreme Court

..... the oceanbulk opposite market positions; and (2) accordingly, it was or should have been in the parties' reasonable contemplation that closing out the 2008 ffas left the risk of the market rising and the benefit of the market falling on [tmt] but no risk or benefit on oceanbulk because ..... they were between the parties' representatives and solicitors. the negotiations were partly in writing but included two lengthy meetings on 19 and 20 june 2008 which were attended both by the parties' representatives and their solicitors. the parties entered into a written settlement agreement dated 20 june, in which ..... , tmt would have been potentially liable for some us$300 to 400m by way of liquidated damages. tmt failed to pay the may 2008 instalment when it fell due and sought time for payment. the parties entered into settlement negotiations which were expressed to be "without prejudice". ..... to a series of forward freight agreements ("ffas") and is set against the background of the extraordinary volatility of the freight markets in 2008. capesize bulk carriers are large vessels, so called because they were historically too large to pass through the suez canal. the baltic exchange ..... wards mobility services [1997] fsr 178, 191 and his view on that point was not disapproved by this court on appeal. (4) apart from any concluded contract or estoppel, one party may be allowed to give evidence of what the other said or wrote in without prejudice negotiations if the exclusion of the evidence would act .....

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Aug 02 2016 (SC)

M/S Electrothem (India) Ltd. Vs. Patel Vipulkumar Ramjibhai and Ors.

Court : Supreme Court of India

..... ) ltd. .appellant versus patel vipulkumar ramjibhai & ors. . respondents judgment uday umesh lalit, j.leave granted. this appeal challenges the judgment and order dated 11.05.2012 passed by the high court of gujarat allowing special civil application no.5986/2010 setting aside the environmental clearance dated 27.01.2010 and directing that the operations of the entire plant of the appellant ..... granted and that the activities of the appellant were periodically and regularly being monitored to ensure that stipulated environmental safeguards were complied with.10. after hearing rival submissions, the high court by its judgment and order dated 11.5.2012 allowed special civil application no.5986 of 2010 principally on the ground that the environmental clearance dated 27.1.2010 was ..... , transfer points, loading and unloading areas. total water requirement from gujarat water infrastructure ltd. (gwil) will be 2,165 m3/day. pas submitted the water allotment letter dated 22nd october, 2008 from gwil. air-cooled condenser will be provided to whrb. the waste water from power plant will be treated in neutralization plant. treated waste water will be used for water ..... .01.1994 issued by the central government in exercise of powers conferred by sub-section(1) and clause v of sub-section(2) of section 3 of the environment (protection) act, 1986 read with clause(d) of sub-rule(2) of rule 5 of the environment (protection) rules, 1986 stipulated inter alia that in case of expansion or modernization of any .....

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