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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: supreme court of india Year: 2010 Page 1 of about 15 results (0.194 seconds)

Jul 26 2010 (SC)

United Bank of India Vs. Satyawati Tondon and ors.

Court : Supreme Court of India

Decided on : Jul-26-2010

Reported in : AIR2010SC3413; 20105AWC(Supp)5098SC; III(2010)BC495; 2011(1)BomCR653; (2010)3CompLJ585(SC); 2010-5-LW193; 2010(7)SCALE696; (2010)8SCC110; [2010]9SCR1; 2010AIR(SCW)5267

..... a determination of questions which demand an elaborate examination of evidence to establish the right to enforce which the writ is claimed. the high court does not therefore act as a court of appeal against the decision of a court or tribunal, to correct errors of fact, and does not by assuming jurisdiction under article 226 trench upon an alternative remedy provided by statute ..... orissa high court quashing the show cause notice issued to the respondent under the orissa sales tax ..... act by observing that the high court had completely ignored the parameters laid down by this court in a large number of cases relating to exhaustion ..... constitutional provisions. this was a case where the high court should not have entertained the petition under article 227 of the constitution and should have directed the respondent to take recourse to the appeal mechanism provided by the act.23. in cct, orissa and ors. v. indian explosives ltd. (2008) 3 scc 688 the court reversed an order passed by the division bench of .....

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May 07 2010 (SC)

Reliance Natural Resources Ltd. Vs. Reliance Industries Ltd.

Court : Supreme Court of India

Decided on : May-07-2010

Reported in : 2007(Supp.)Bom.C.R.925

..... and propriety of the scheme by supporting it by the requisite majority vote that has to be kept in view by the court. the court certainly would not act as a court of appeal and sit in judgment over the informed view of the parties concerned to the compromise as the same would be ..... . there are of course industry experts who do not agree.50 integrated energy report, supra note 44.51 see basic statistics on indian petroleum & natural gas, 2008-2009, mopng goi52 ernest e. smith & john dzienkowski, 'a fifty year perspective on world petroleum arrangements' 24 tex. int'l l. j. 13 (1989 ..... that is what a psc means - sharing of production. for this proposition reliance is placed on cit v. enron oil and gas india ltd. : (2008) 305 itr 75 further, it is also argued that because the contractor expends monies on exploration, development and production and is allowed to recover its costs ..... for a 'suitable arrangement'.11. as discussed earlier, aggrieved by the said order/directions of the company judge, rnrl has filed appeal no. 1 of 2008, ril has also filed appeal no. 844 of 2007 before the division bench. during the course of hearing, considering the public/national importance, the division ..... resources for discovery of reserves in the area at their risk. the exploration activities are still in progress, the first gas deal expected in june, 2008. as per the psc, all the expenses relating to the exploration, development and production of cost incurred by the contractor can only be recovered from .....

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May 05 2010 (SC)

Smt. Selvi and ors. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : May-05-2010

..... in respect of this judgment [cited from: michael s. pardo, `self-incrimination and the epistemology of testimony', 30 cardozo law review 1023- 1046 (december 2008) at pp. 1027-1028]:the court notes that even the physical-testimonial distinction may break down when physical evidence is meant to compel `responses which are essentially testimonial' such as a lie-detector ..... testimonial responses and those tests whose results are based on the analysis of physical characteristics and bodily substances. it can be safely stated that the court did not touch on the distinction between testimonial acts and physical evidence, simply because article 20(3) is not applicable to a proceeding of a civil nature.191. moreover, a distinction must ..... fingerprinting' test under the supervision of dr. lawrence farwell. the test results showed that he had no memories of the `probes' relating to the act of murder. hence, harrington approached the district court seeking the vacation of his conviction and an order for a new trial. post-conviction relief was sought on grounds of newly discovered evidence which included ..... compelled testimony in civil cases which could expose parties to adverse consequences. furthermore, questions have also been asked about the scope of the privilege being restricted to testimonial acts while excluding physical evidence which can be extracted through compulsion.98. in response to john wigmore's thesis about the separate foundations of the `rule against involuntary confessions', .....

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Jul 06 2010 (SC)

Shivjee Singh Vs. Nagendra Tiwary and Others

Court : Supreme Court of India

Decided on : Jul-06-2010

..... is made in writing, the magistrate need not examine the complainant and the witnesses-(a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or(b) if the magistrate makes over the case for inquiry or trial to another magistrate ..... kewal krishan v. suraj bhan (1980) supp scc 499 mohinder singh v. gulwant singh (1992) 2 scc 213 chief enforcement officer v. videocon international ltd. (2008) 2 scc 4929. in chandra deo singh v. prokash chandra bose (supra), it was held that where there was prima facie evidence, the magistrate was bound to ..... case instituted otherwise than on a police report, it appears to the magistrate issuing process under section 204 that the offence is triable exclusively by the court of session, the magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:-(i) the statements recorded ..... chief judicial magistrate could not have taken cognizance against them without requiring the appellant to examine all the witnesses and remitted the matter to the concerned court for passing appropriate order after making further inquiry in the light of proviso to section 202(2) cr.p.c.5. shri gaurav agrawal, ..... was considered by a two-judge bench. m.b. shah, j., referred to sections 200 and 202, the judgment of this court in ranjit singh v. state of pepsu air 1959 sc 843 and held:"further, it is settled law that the inquiry under section 202 is of a limited nature. firstly .....

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Apr 28 2010 (SC)

S. Khushboo Vs. Kanniammal and anr.

Court : Supreme Court of India

Decided on : Apr-28-2010

..... appellant's remarks could reasonably amount to offence of defamation as defined under section 499 ipc. in the impugned judgment dated 30.4.2008, the high court observed that as to whether the appellant could claim a defence against the allegations of defamation was a factual question and thus would be ..... attorney general for canada air 1931 pc 94; thomas dana v. state of punjab : air 1959 sc 375; jawala ram and ors. v. the state of pepsu (now punjab) and ors. : air 1962 sc 1246; and standard chartered bank and ors. v. directorate of enforcement and ors. : air 2006 sc 1301. ..... against any individual. accordingly, it was held that the complainant was not a 'person aggrieved' within the meaning of section 198 crpc, 1898. the court also took note of explanation 2 to section 499 ipc which contemplates defamation of 'a company or an association or any collection of persons as such'. ..... directed that all the criminal proceedings pending against her be consolidated and tried by the chief metropolitan magistrate at egmore, chennai. however, the high court also proceeded to record its own views regarding the contents of the appellant's statements and even made some strong observations condemning the incidence of ..... 505(1)(b) and 509 ipc read with section 3 and 4 of act 1986. similarly, in the appeal arising out of slp (crl.) 6127 of 2008, the complainant is a lady advocate who has been practicing in the trichy district courts for more than 10 years. she has quoted some portions from the statements .....

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Aug 17 2010 (SC)

Madan Mohan Singh. Vs. State of Gujarat and anr

Court : Supreme Court of India

Decided on : Aug-17-2010

..... on this that shri tulsi contended that all this is absolutely absurd. if a person writes a suicide note on 4.2.2008, he had no business to send the suicide note to high court and keep a copy thereof in the house. learned senior counsel said that even if all this is accepted as it is ..... could reasonably be viewed as proper allegations against the appellant/accused to the effect that he had intended or engineered the suicide of the concerned person by his acts, words etc. when we put the present fir on this test, it falls short. we have already explained that the baseless and irrelevant allegations could not ..... the deceased to commit suicide or secondly, had engaged with some other person in a conspiracy and lastly, that the accused had in any way aided any act or illegal omission to bring about the suicide. in spite of our best efforts and microscopic examination of the suicide note and the fir, all that ..... . i pray humbly to the officers of the department that you should not cooperate as human being to defend m.m. singh. m.m. singh has acted in breach of discipline disregarding the norms of discipline. i humbly request the enquiry officer that my wife and son may not be harassed. my life has ..... one for which also there is no material on record) and any of the alleged acts on the part of the appellant. there is no proximity either. in the prosecution under section 306, ipc, much more material is required. the courts have to be extremely careful as the main person is not available for cross- .....

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Oct 08 2010 (SC)

State of MaharashtrA. Vs. Datar Swithgear Ltd. and ors.

Court : Supreme Court of India

Decided on : Oct-08-2010

..... does not fall in the category of "rarest of rare" cases, warranting exercise of jurisdiction by the high court under section 482 of the code. learned counsel contended that the offence of fabrication of false evidence cannot be described as a civil act, and in any event, the existence of a civil remedy does not preclude the maintainability of criminal complaint.6 ..... v. c.r. alimchandani & ors.15 and k.m. mathew v. k.a. abraham & ors.16, it was next contended that it was not necessary to allege an overt act by each of the accused, and in that ..... (1998) 5 scc 7497 (2005) 8 scc 898 (2009) 6 scc 4759 (2007) 9 scc 48110 (2009) 3 scc 37511 (2008) 5 scc 66212 (2008) 5 scc 66816. relying on the decisions of this court in ttarun k. shah ..... of this court in inder mohan goswami & anr. v. state of uttaranchal and ors.1, k.l.e. society & ors. v. siddalingesh2, baijnath jha v. sita ram & anr.3, suneet gupta v. anil triloknath sharma & ors.4 and g. sagar suri & anr. v. state of u.p. & ors.51 (2007) 12 scc 12 (2008) 4 scc 5413 (2008) 8 scc 774 (2008) 11 scc .....

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Jul 28 2010 (FN)

Star Energy Weald BasIn Limited and Another (Respondents) Vs. Bocardo ...

Court : UK Supreme Court

Decided on : Jul-28-2010

..... , who is now the secretary of state for energy, and for him to refer the matter to the court. section 5(1) of the 1966 act provides that, where the matter is referred to the court, the court may grant an ancillary licence. section 5 (2) provides: (2) where a right is granted, such ..... entitled thereto. section 8 provides, so far as relevant: 8 compensation (1) where a right is granted under section 1 of this act, the court may determine the amount and nature of compensation or consideration to be paid or given and the persons to whom it is to be ..... a licence, would have had to pay compensation under section 8(2) of the mines (working facilities and support) act 1966 ('the 1966 act'). in a judgment given on 24 july 2008 peter smith j ('the judge') held that the respondents had committed a trespass and awarded the appellant damages in the sum ..... may be required for the exercise of the rights granted by the licence. the 1923 act as amended was replaced by the mines (working facilities and support) act 1966, a consolidating act. by section 1 of the 1966 act the court may confer any ancillary right on a person having the right to work minerals, ..... of 621,180 plus interest. the court of appeal (jacob, aikens and sullivan ljj) reduced the damages to 1,000. permission to appeal against the quantum of damages was refused by the court .....

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Nov 24 2010 (FN)

Holland (Respondent) Vs. the Commissioners for Her Majesty's Revenue a ...

Court : UK Supreme Court

Decided on : Nov-24-2010

..... directors and shadow directors was eroded. a shadow director is "a person in accordance with whose directions or instructions the directors of the company are accustomed to act": companies act 1985, section 741(2); companies act 2006, section 251(1). in re hydrodam [1994] 2 bclc 180, 183, millett j said that de facto and shadow directorship "do not overlap. ..... by section 212; (b) "shadow" directors (i.e. "a person in accordance with whose directions or instructions the directors of the company are accustomed to act": companies act 1985, section 741(2); companies act 2006, section 251(1)) are not within section 212; and (c) section 212 is a procedural provision which does not create any substantive obligations, and consequently ..... directors of, two further new companies called paycheck (directors services) ltd ("paycheck directors") and paycheck (secretarial services) ltd ("paycheck secretarial"). paycheck directors and paycheck secretarial were incorporated to act respectively as the sole director and secretary of 42 trading companies ("the composite companies"), each of which had similar names distinguished only by a number. their names were paycheck services ..... by hm revenue and customs ("hmrc") against a decision of the court of appeal (ward, rimer and elias ljj) dated 2 july 2009: [2009] ewca civ 625, [2009] 2 bclc 309, [2009] stc 1639. the court allowed an appeal by mr michael holland ("mr holland") against an order dated 4 july 2008 by mr mark cawson qc sitting as a deputy high .....

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Dec 01 2010 (FN)

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

Court : UK Supreme Court

Decided on : Dec-01-2010

..... 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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