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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: supreme court of india Year: 2011 Page 1 of about 13 results (0.067 seconds)

Dec 16 2011 (SC)

Gaytri Bajaj Vs. Jiten Bhalla

Court : Supreme Court of India

Decided on : Dec-16-2011

Reported in : AIR2012SC541; 2012(1)ALT19; 2012(1)SCJ197; AIR2012SCW291; 2012(1)KCCR21(SC)(SN);

..... leave petitions arise out of an order dated 6th may, 2011, passed by the high court of judicature at bombay in criminal revision application no.441 of 2008 whereby the high court has set aside order dated 13th august, 2008 passed by the additional sessions judge, greater bombay in revision applications no.449, 460 and 853 ..... the complainant-respondent in this petition was also not willing to concede that the document relied upon could 11 possibly result in the ratification of an act which was non est being a mere forgery. at any rate the document could not be said to be of unimpeachable character nor was there ..... produced during the revision application by the accused persons, the learned addl. sessions judge jumped to the conclusion that such a resolution was passed and the acts of 28.6.2005 were ratified. in my opinion, it will not be appropriate for the addl. sessions judge. 7. the present special leave petitions ..... the advisers of the complainant and accused no.4 pawan kumar held on 19.7.2005 was produced to show that the parties had approved the act of opening the account in the name of the company and securing the loan on 28.6.2005. firstly, this document was produced for the ..... vmoksha mauritius with effect from the time of execution and exchange of the above undertaking and the modification letter for the escrow arrangement. this ratifies the act of 28/06/2005, therefore the minutes of the meeting which is signed by the 4 complainant himself and accused no.4. mr. pawan kumar .....

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May 12 2011 (SC)

Pepsu Road Transport Corporation, PatialA. Vs Mangal Singh and ors.

Court : Supreme Court of India

Decided on : May-12-2011

..... services of the employee of the appellant were terminated by virtue of service regulations (statutory) made under section 45 of the road transport corporation act, 1950. this court, while upholding the jurisdiction of the civil court to entertain the suit filed by the employee challenging the order of termination of his services, has held:"38. where the relationship between the ..... regulations and any other subordinate legislation. the regulations made under power conferred by the statute are subordinate legislation and have the force and effect, if validly made, as the act passed by the competent legislature. ...33. there is no substantial difference between a rule and a regulation inasmuch as both are subordinate legislation under powers conferred by the statute ..... the corporation. the section reads :-"45. power to make regulations.--(1) a corporation may, with the previous sanction of the state government, make regulations, not inconsistent with this act and the rules made thereunder, for the administration of the affairs of the corporation. 13(2) in particular, and without prejudice to the generality of the foregoing power, such ..... same was allowed vide order and judgment dated 23.12.2008. the high court has followed its earlier judgment in civil writ petition no. 14562 of 2004 titled as `jagjit singh v. managing director, pepsu road transport corporation and another' dated 03.12.2008, wherein, the appeal was allowed on the ground that the pension scheme was never circulated nor was .....

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Sep 23 2011 (SC)

State of Uttar Pradesh, and ors. Vs. M/S Mohan MeakIn Breweries Ltd, a ...

Court : Supreme Court of India

Decided on : Sep-23-2011

..... tax, though levied with reference to the purchase price and at an earlier point is nonetheless income liable to be taxed under the income tax act. this court referring to the argument about absence of legislative competence to levy tax before accrual of income, referred to entry 82 of list i of seventh schedule ..... (or shortage in quantity) and levying duty and additional duty thereon, is legal and valid. 25. the contention which ultimately found favour with the high court, was based on legislative competence. the brewery contended that section 28a provided for levy of `excise duty' and an equal amount as additional duty on ` ..... by human beings as a beverage, comes into existence and the deficiency should be worked out with reference to measurement at such stage. the high court rejected the contention of the appellants that as soon as wort along with yeast is received in the fermenting vessels and ferments, the process of manufacture ..... are therefore liable to be dismissed. conclusion : 44. ca nos.4708-4709/2002 are allowed and the order of the high court in civil misc. wp nos.3968/1978 and 4043/2008 are set aside and the said writ petitions are dismissed. 45. ca nos.4710, 4711, 4712 & 4713/2002 are dismissed ..... affirming the decision of the high court dismissing c.m. w.p. nos.1375/1978, 3690/1979, 4136/1978 and 4157/1978, though .....

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Jul 21 2011 (SC)

Ms Msk Projects (i)(Jv) Ltd. Vs. State of Rajasthan and anr.

Court : Supreme Court of India

Decided on : Jul-21-2011

..... . in m/s. a.t. brij paul singh & ors. v. state of gujarat, air 1984 sc 1703, while interpreting the provisions of section 73 of the indian contract act, 1972, this court held that damages can be claimed by a contractor where the government is proved to have committed breach by improperly rescinding the contract and for estimating the amount of ..... pre-arbitration period, for the pendente lite period and future interest be reduced to 9%.18. in h.u.d.a v. raj singh rana, air 2008 sc 3035, this court considered various earlier judgments of this court including ghaziabad development authority v. balbir singh, air 2004 sc 2141; bihar state housing board v. arun dakshy, (2005) 7 scc 103; haryana urban development ..... .2003 framed the following issues:1. whether claimant as per agreement is entitled to recover its amount of claim of rs.453.69 lacs upto 31.12.2002 and on- wards or not?2. whether there was delay on part of state in issuing noti- fication for restriction of traffic through the bharatpur town, which has effected the toll tax or ..... of toll fee by msk-appellant. according to this agreement, period of concession had been 111 months including the period of construction. the said period would end on 6.4.2008. it also contained the provisions for making repayment/collection of toll fee and in case of any difference/dispute to refer the matter to the arbitrator.c. msk-appellant completed .....

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Jul 06 2011 (SC)

Jalpat Rai and ors. Vs. State of Haryana

Court : Supreme Court of India

Decided on : Jul-06-2011

..... section 149 and section 323 read with section 149 ipc. four of them were also charged for the offence punishable under section 27 of the arms act, 1959. the trial court vide its judgment dated november 20, 2004 convicted a-2 under section 302 ipc and sentenced him to suffer life imprisonment and imposed a fine ..... counsel, that the slp preferred by a-2 was non-est since he had a right of appeal under section 2 of the 1970 act and, therefore, the order of this court dismissing the slp preferred by a-2 is also a non- est. the judgments cited by learned senior counsel in support of his submission ..... his murder and thereby you accused sham sunder, purshotam, jalpat rai and satish kumar committed an offence punishable under section 27 of the indian arms act and within the cognizance of this court. 21. the prosecution in support of its case examined 23 witnesses in all . three of these witnesses, pw-1, pw-4 and pw ..... been falsely implicated in the incident. he referred to the evidence of pw-1 and submitted that not a 11 (1990) 4 scc 38912 (2002) 2 scc 73713 (2008) 15 scc 40514 (1982) 2 scc 10115 (1988) 2 scc 60216 (1994) 2 scc 56817 (2003) 2 scc 70818 (2003) 12 scc 758word is stated by ..... not suffer any injury in the incident. he contended that although pw-4 deposed that he was injured by a gunshot but he did not have a 1 (2008) 10 scc 4502 (2009) 13 scc 670single pellet in his body; his clothes had no perforation. learned senior counsel submitted that his statement was recorded on october .....

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Jul 06 2011 (SC)

Jalpat Rai and ors. Vs. State of Haryana

Court : Supreme Court of India

Decided on : Jul-06-2011

..... 149 and section 323 read with section 149 ipc. four of them were also charged for the offence punishable under section 27 of the arms act, 1959. the trial court vide its judgment dated november 20, 2004 convicted a-2 under section 302 ipc and sentenced him to suffer life imprisonment and imposed a fine ..... counsel, that the slp preferred by a-2 was non-est since he had a right of appeal under section 2 of the 1970 act and, therefore, the order of this court dismissing the slp preferred by a-2 is also a non- est. the judgments cited by learned senior counsel in support of his ..... his murder and thereby you accused sham sunder, purshotam, jalpat rai and satish kumar committed an offence punishable under section 27 of the indian arms act and within the cognizance of this court. 21. the prosecution in support of its case examined 23 witnesses in all . three of these witnesses, pw-1, pw-4 and ..... -6 has been falsely implicated in the incident. he referred to the evidence of pw-1 and submitted that not a(1990) 4 scc 389 (2002)2scc737 (2008)15scc405 (1982)2scc101 (1988)2scc602 (1994)2scc568 (2003)2scc708 (2003)12scc758 word is stated by him about the involvement of a-6. he argued that the ..... did not suffer any injury in the incident. he contended that although pw-4 deposed that he was injured by a gunshot but he did not have a(2008)10scc450 (2009)13scc670 single pellet in his body; his clothes had no perforation. learned senior counsel submitted that his statement was recorded on october 8, 2002 .....

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Apr 06 2011 (SC)

Akhil Bhartiya Upbhokta Congress. Vs. the State of Madhya Pradesh, and ...

Court : Supreme Court of India

Decided on : Apr-06-2011

..... semi-public (health) and the same could not have been utilized for the purpose of respondent no. 5, the state government issued notification dated 6.6.2008 under section 23-a(1)(a) of the act proposing change of land use in respect of 19.75 acres land of khasra no.82/1(part) of village bawadiya kalan from public and semi ..... change of land use are liable to be quashed because the same are ultra vires the provisions of section 23a(1) and (2) of the act. learned senior counsel referred to notification dated 06.06.2008 to show that the same did not contemplate modification of bhopal development plan for any proposed project of the government of india or the state government ..... the objections were untenable. her recommendation was approved by the secretary, housing and environment department and the concerned minister. thereafter, final notification dated 5.9.2008 was issued under section 23-a(2) of the act.4. the appellant, who is engaged in public welfare activities in general and consumers welfare in particular and claims to have received awards for good and ..... the indian trusts act.45. in the result, the appeal is allowed. the impugned order of the division bench of the high court is set aside and the writ petition filed by the appellant is allowed. the allotment of 20 acres land to respondent no.5 is declared illegal and quashed. notifications dated 6.6.2008 and 5.9.2008 issued by the state .....

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Mar 04 2011 (FN)

Premier of the Province of Kwazulu-natal Vs. Kishore Sonny and Another

Court : South Africa Supreme Court of Appeal

Decided on : Mar-04-2011

..... appellants case that during the time jayanthi claimed she saw the doctor on her first visit to addington hospital the attending doctors were all on ward rounds and not yet in attendance at the hospitals antenatal clinic. [17] it is necessary to record that the countries of origin of ..... ligation2allegedly wrongfully performed. [2] broadly speaking the first and second respondents case against the appellant and the municipality in the kwazulu-natal high court was that in treating jayanthi during her pregnancy the nursing staff at the clare estate clinic, a primary health clinic conducted by the municipality, ..... pay the abovementioned costs was joint and several with the municipality, up to and including 1 december 2008 (when liability was conceded by the latter). the present appeal, with the leave of the court below, is against the orders in favour of the second and third respondents. [6] before us ..... have taken the decision to terminate jayanthis pregnancy in terms of the choice on termination of pregnancy act 92 of 1996. [3] furthermore, the first and second respondents claim that when they consented to the bilateral tubal ligation they did so ..... fetus that jayanthi was carrying would suffer from a physical or mental abnormality. the first and second respondents contended that had the medical staff acted with the professional skill and diligence required of them they, as parentsto-be, would have been informed timeously of the risk and would .....

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Jun 22 2011 (FN)

R (on the Application of Cart) (Appellant) Vs. the Upper Tribunal (Res ...

Court : UK Supreme Court

Decided on : Jun-22-2011

..... the upper tribunal to the court of appeal order 2008, si 2008 no 2834, art 2). equivalent provision has been made for appeals from the upper tribunal to the court of session in scotland by rule 41.59 of the act of sederunt (rules of court of session 1994) 1994 (inserted by ssi 2008 no 349). these criteria ..... are, of course, those applicable to a second-tier appeal from a court to the court of appeal in england and ..... wales under section 55(1) of the access to justice act 1999. it ..... system. in july 2004 a government white paper accepted the broad thrust of those recommendations. parliament then implemented this by enacting the tribunals, courts and enforcement act 2007 ("tcea"). a striking feature of the tribunals system created by the tcea is the creation of two tiers, a first-tier tribunal and ..... proposed by lady hale at para 60. lord dyson introduction it is common ground (and rightly so) that the tribunals, courts and enforcement act 2007 ("tcea") does not oust the court's jurisdiction to grant judicial review of unappealable decisions of the upper tribunal ("ut"). what is in issue is the scope .....

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Jun 27 2011 (FN)

Brown Vs. Entertainment Merchants Assn.

Court : US Supreme Court

Decided on : Jun-27-2011

..... , 372 (1964) (quoting speiser v. randall , 357 u. s. 513 , 526 (1958)). while perfect clarity and precise guidance have never been required even of regulations that restrict expressive activity, ward v. rock against racism , 491 u. s. 781 , 794 (1989), government may regulate in the area of first amendment freedoms only with narrow specificity, naacp v. button , 371 u. ..... or restricting the sale of toys presenting physical dangers to children. see generally consumer product safety improvement act of 2008, 122 stat. 3016 ( title i children s product safety ). but because video games also embody important expressive and artistic elements, i agree with the court that the first amendment significantly limits the state s power to regulate. and i would determine whether ..... j. psychology 121 (1995). sestir & bartholow, violent and nonviolent video games produce opposing effects on aggressive and prosocial outcomes, 46 j. experimental soc. psychology 934 (2010). unsworth, devilly, & ward, the effect of playing violent video games on adolescents: should parents be quaking in their boots? 13 psychology, crime & law 383 (2007). unsworth ..... & ward, video games and aggressive behavior. 36 australian psychologist 184 (2001). williams & skoric, internet fantasy violence: a test of aggression in an online game, 72 communication monographs 217 (2005). winkel, .....

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