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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: supreme court of india Year: 2012 Page 1 of about 10 results (0.145 seconds)

Oct 12 2012 (SC)

Baby Devassy Chully Alias Bobby. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Oct-12-2012

..... judgment dated 16.03.2006, dismissed the same.(e) aggrieved by the said judgment, the appellant has filed this appeal by way of special leave before this court. on 09.05.2008, leave was granted.3) heard mr. k.k. mani, learned counsel for the appellant, mr. k. swami, learned counsel for respondent nos. 1 & ..... he was in jail was futile and useless since such an order had no application under section 3(2) of the national security act, 1980. while considering the said claim, this court, in paragraph 7, held as under:"7. it is well settled in our constitutional framework that the power of directing preventive ..... i.e., 03.05.2005, the appellant was in jail, in that event there is no compelling necessity to detain him under the provisions of the cofeposa act ;(ii) the detaining authority failed to take note of relevant aspect, i.e., the detenu was in custody, hence, the detention order is liable to ..... barges at reti bunder, belapur and arrested chand, captain fouad ahmed al manie, shaikh ahmedali, murugan murugeshan and sadiq anwar under section 104 of the customs act, 1962 on 23.12.2004 and were produced before the addl. cmm, esplanade, mumbai on 24.12.2004 and were later released on bail on 09. ..... barges, panchnamas were drawn. the officers of the dri seized the said diesel oil weighing about 770 mts, worth rs. 2 crores, under the customs act, 1962.(b) during the course of investigation, the officers came to know the name of the appellant-detenu and one chand as the persons behind the .....

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Aug 31 2012 (SC)

Sahara India Real Estate Corporation Limited and Others. Vs. Securitie ...

Court : Supreme Court of India

Decided on : Aug-31-2012

Reported in : (2013)1SCC1

..... of documents, compel attendance of witnesses and to pass a reasoned order which gives finality to the dispute, subject to the appeal to supreme court under section 15z of the act. findings of fact generally fall in the domain of the tribunal provided it stays within its jurisdiction. situations may also be there, where ..... the said order, sirecl filed c.a. no. 9813 of 2011 and shicl filed c.a. no. 9833 of 2011 before this court under section 15z of the sebi act which came up for admission on 28.11.2011 and the direction issued to refund sum of rs.17,400 crores, on or before ..... no perversity or illegality in those findings which call for interference by this court sitting under section 15z of the sebi act. i, therefore, fully concur with the tribunal that the money collected by saharas through their rhps dated 13.3.2008 and 6.10.2009, through the ofcds, were from the public at large ..... sitting under section 15z of the sebi act.52. i ..... and the same would amount to collection of money by way of issue of securities to the public, a finding which calls for no interference by this court .....

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Mar 02 2012 (SC)

Ravi Yashwant Bhoir Vs. the Collector, District Raigad and

Court : Supreme Court of India

Decided on : Mar-02-2012

Reported in : (2012)4SCC407

..... ; ghulam qadir v. special tribunal & ors., (2002) 1 scc 33; and kabushiki kaisha toshiba v. tosiba appliances company & ors., (2008) 10 scc 766). the high court failed to appreciate that it was a case of political rivalry. the case of the appellant has not been considered in correct perspective at all. ..... 4 scc 566; and state bank of india & ors. v. s.n. goyal, air 2008 sc 2594).10. in government of a.p. v. p. posetty, (2000) 2 scc 220, this court held that since acting in derogation to the prestige of the institution/body and placing his present position in any kind of ..... made by shri chintaman gharat and shri shekhar mhatre to agenda no. 27 of the same meeting regarding allotment of contract for spraying insecticides in ward nos. 1 to 17 of the municipal council.it appears from the minutes of the meeting dated 9.1.2007 that even said suggestion was ..... rule of law and constitutional commands which effectuate fairly the objective standard set for adjudicating good administrative decisions.however, wherever the executive fails, the courts come forward to strike down an order passed by them passionately and to remove arbitrariness and unreasonableness, for the reason, that the state by ..... for further period of six years. the appellant had been given full opportunity to defend himself. the period of disqualification has lapsed, thus this court is dealing with an academic issue. the 9impugned order does not warrant any interference in the facts and circumstances of the case. the appeal lacks .....

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Feb 29 2012 (SC)

Accountant General, M.P. Vs. S.K.Dubey and anr.

Court : Supreme Court of India

Decided on : Feb-29-2012

..... it was not proper to revise the pension of the first respondent as sanctioned by the president of india without amendment in the high court judges (conditions of service) act, 1954. the pension papers were therefore returned.9. this led to further correspondence between the appellant and the first respondent. appellant recorded ..... a periodical payment to be made available to the employee after his retirement, after long years of service which are governed by the relevant rules [ref. pepsu road transport corporation, patiala vs. mangal singh reported in 2011 (11) scc 702].in the instant case, there are general rules laying down the terms ..... union of india and another vs. central electrical and mechanical engineering service (ce & mes) group 'a' (direct recruits) association, cpwd and others reported in 2008 (1) scc 354 are also to the same effect, namely that the executive instructions have to be in conformity with the rules and not inconsistent therewith. in ..... read as prescribed by the rules framed by the state government, if any. this is the plain meaning of the above expression. if the parliament (2008) 1 scc 354 intended that salary or honorarium and other allowances and other terms and conditions of service of the president and the members of the ..... executive power of the state was coextensive with the legislative 2 air 1964 sc 328 3 (1999) 8 scc 266 4 (2005) 7 scc 234 5 (2008) 7 scc 755 6 (1975) 2 scc 702 7 (1976) 1 scc 671 8 (1980) 4 scc 62 8power and when rules are silent, the .....

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Jul 10 2012 (SC)

Ms. Purbanchal Cables and Conductors Pvt. Ltd. Vs. Assam State Electri ...

Court : Supreme Court of India

Decided on : Jul-10-2012

..... the receipt of the entire amount, the supplier filed a suit for interest on delayed payment by the board in terms of the provisions of the act, in money suit no. 21/1997 before the court of the civil judge (sr. divn.) no. 1, guahati. the same was disputed by the board in the written statement filed in the suit. however, the ..... applicable to contracts concluded prior to its commencement, where the delayed payment is made after its commencement.5. the full bench of the high court after considering the provisions of the act, concluded that the findings of the division bench in the case of trusses & towers that once a principal amount is received without any protest, then no further claim for interest ..... be purely declaratory to clear a meaning of a provision of the principal act which was already implicit. a clarificatory amendment of this nature will have retrospective effect (ibid., pp. 468-69).38. "in the case of state of punjab vs. bhajan kaur - (2008) 12 scc 112, this court held: "9. a statute is presumed to be prospective unless held to be retrospective ..... , either expressly or by necessary implication. a substantive law is presumed to be prospective. it is one of the facets of the rule of law.39. "there is no doubt about the fact that the act is a substantive law .....

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Dec 14 2012 (SC)

Lahu Kamlakar Patil and anr. Vs. State of MaharashtrA.

Court : Supreme Court of India

Decided on : Dec-14-2012

..... termed fatal so far as prosecution is concerned. there may be several reasons and when the delay is explained, whatever the length of delay, the court can act on the testimony of the witnesses, if it is found to be cogent and credible. on behalf of the prosecution, it was urged that pw ..... non-examination of the investigating officer is not fatal to the prosecution case. in behari prasad v. state of bihar [(1996) 2 scc 317], this court has stated that non-examination of the investigating officer is not fatal to the prosecution case, especially, when no prejudice is likely to be suffered by ..... not to be rejected in toto. in rameshbhai mohanbhai koli and others v. state of gujarat [(2011) 11 scc 111], reiterating the principle, this court has stated thus:-"16. it is settled legal proposition that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose ..... been caused to the appellants. that apart, the seizure of weapons has not been established since the panch witnesses have turned hostile and the high court has relied upon the discovery made at the instance of accused no. 1 who has been acquitted. the last plank of argument of the learned ..... statement recorded under section 161 of the code. thus, this court in arvind singh v. state of bihar [(2001) 6 scc 407], rattanlal v. state of jammu and kashmir [(2007) 13 scc 18] and ravishwar manjhi and others v. state of jharkhand [(2008) 16 scc 561], has explained certain circumstances where the .....

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Jun 20 2012 (FN)

Hh and Others Vs. Deputy Prosecutor of the Italian Republic, Genoa and ...

Court : UK Supreme Court

Decided on : Jun-20-2012

..... , the extradition process arises in the context of alleged or proved criminal conduct. the sentencing decision is similarly based on statute. by section 142 of the criminal justice act 2003 (the 2003 act) the court "must have regard" to a number of wide ranging and sometimes inconsistent specific purposes of sentencing. thus, they include the punishment of offenders and their rehabilitation. by section ..... stoop, was very tearful, had difficulties with sleep, refused meals at times, showed very poor levels of self-care and personal hygiene, with episodes of incontinence, showed little interest in ward activities but apparent signs of severe memory difficulties and an inability to perform routine tasks such as boiling a kettle. her very poor performance in psychometric testing showed that she ..... it may be possible for both parents to be returned speedily to the united kingdom to serve here the balances of their sentences under council framework decision 2008/909/jha of 27 november 2008. the court was informed that this framework decision has now been transposed into italian law. mr perry qc's instructions were that, under the previous regime of the council ..... would face a real risk of treatment contrary to article 3 if sent abroad (thus disagreeing with the majority in r (wellington) v secretary of state for the home department [2008] ukhl 72, [2009] 1 ac 335). the same should apply in the context of article 8. it was wrong to treat the public interest in extradition as a constant .....

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Jun 18 2012 (FN)

Williams Vs. Illinois

Court : US Supreme Court

Decided on : Jun-18-2012

..... on a sample from the crime scene. there are at least four safeguards to prevent abuses in such situations. first, trial courts can screen out experts who would act as conduits for hearsay by strictly enforcing the requirement that experts display genuine scientific, technical, or other specialized knowledge to help ..... of producing evidence, not enabling emergency responders. and that testimony fits the relevant timeline. the police did not send the swabs to cellmark until november 2008 nine months after l. j. s rape and did not receive the results for another four months. see id., at 30 34, 51 52, ..... comment, toward a definition of testimonial : how autopsy reports do not embody the qualities of a testimonial statement, 96 cal. l. rev. 1093, 1115 (2008)). in general, such a holding could also increase the risk of convicting the innocent. the new york county district attorney s office and the new york city ..... . see id., at 55, 56, 90. see also 385 ill. app. 3d 359, 367 368, 895 n. e. 2d 961, 968 (2008) (chain-of-custody argument based on shipping manifests waived). the prosecution responded that petitioner s confrontation clause rights were satisfied because he had the opportunity to ..... michigan v. bryant, 562 u. s. ___ (2011); melendez-diaz, 557 u. s. 305 ; giles v. california, 554 u. s. 353 (2008) ; indiana v. edwards, 554 u. s. 164 (2008) ; davis v. washington, 547 u. s. 813 (2006) . two of these decisions involved scientific reports. in melendez-diaz, the defendant was arrested .....

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Dec 19 2012 (FN)

Geys Vs. Societe Generale, London Branch

Court : UK Supreme Court

Decided on : Dec-19-2012

..... the defender to do or accept anything before the contract could be completed by the pursuers, the pursuers could not and the court would not have compelled the defender to act, the contract would not have been completed and the pursuers' only remedy would have been damages." lord hodson (with whom lord ..... and validly in circumstances in which in fact it delayed its attempted operation of the clause until 18 december 2007 and thereafter, until 6 january 2008, it operated it invalidly. 66. the central task in this part of the appeal is therefore to identify the date when the appellant's ..... counterpart of the entitlement to wages. in some contracts wages are given to employees for holding themselves available for work: the contract of employment (2008), para 18-09. 19. the essential difference between the two theories may be said to be that under the automatic theory the decision as ..... they said that they reserved his position in relation to those monies until they understood what they constituted. 12. on 4 january 2008 the bank's human resources director wrote to the appellant with regard to his employment with the bank. the first four paragraphs of that letter were ..... the proposed payments had been calculated. they again stated that the appellant's rights in relation to his employment contract remained reserved. on 2 january 2008 they wrote to the bank saying that the appellant had decided to affirm his contract of employment. referring to the payment of 18 december 2007, .....

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Oct 24 2012 (FN)

Bcl Old Co Limited and Others Vs. Basf Plc and Others

Court : UK Supreme Court

Decided on : Oct-24-2012

..... ireland because of the application of a limitation provision of previously uncertain effect in proceedings between siac and the nra, a statutory body. the complaint was not that the irish courts acted contrary to european law in giving effect to the limitation provision. but it should have been, were it the european legal position that legal uncertainty invalidates a limitation period ..... position. i do not accept that its ordinary operation is the hallmark of a lack of legal certainty or effectiveness. the language and effect of the competition act were subsequently, and rightly, held by the court of appeal to be clear. the emerson electric and bcl tribunals gave the words "any" and "decision" significance which they could not bear. they also ..... and that findings on penalty could be relevant to the nature and extent of any infringement. on 22 may 2009 the court of appeal (waller, lloyd and richards ljj) [2009] ewca civ 434 in ..... brought in the european court, embraced not merely the commission's decision that there had been an infringement but also its decision as to the penalty to be imposed for the infringement. 7. the tribunal (barling j, ann kelly and michael davey) on 25 september 2008 accepted this submission: [2008] cat 24. it considered that other sections of the act offered little assistance .....

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