Skip to content


Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: supreme court of india Year: 2014 Page 1 of about 14 results (0.068 seconds)

Mar 27 2014 (FN)

Diane Knopf, Warden of Mission Institution and Another Vs. Gurkirpal S ...

Court : Canada Supreme Court

Decided on : Mar-27-2014

..... to suffer a form of deprivation of liberty, procedural fairness includes a procedure for verifying the evidence adduced against him or her? (charkaoui v. canada (citizenship and immigration), 2008 scc 38 (canlii), 2008 scc 38, [2008] 2 s.c.r. 326, at para. 56). [89] section 27(3) authorizes the withholding of information when the commissioner has reasonable grounds to believe? that should ..... lake, a transfer decision requires a fact-driven inquiry involving the weighing of various factors and possessing a negligible legal dimension? (lake v. canada (minister of justice), 2008 scc 23 (canlii), 2008 scc 23, [2008] 1 s.c.r. 761, at paras. 38 and 41). the statute outlines a number of factors to which a warden must adhere when transferring an inmate: the ..... the scope of habeas corpus is too restrictive, but that dunsmuir reasonableness? cannot apply as a standard of review on a habeas corpus application (dunsmuir v. new brunswick, 2008 scc 9 (canlii), 2008 scc 9, [2008] 1 s.c.r. 190). [25] as for the second issue, the appellants contend that disclosure will be sufficient when, as a matter of logic and common ..... corpus application may also review a transfer decision for procedural fairness. the statute at issue in this case, the corrections and conditional release act, s.c. 1992, c. 20 (ccra?), outlines the disclosure that is required for a reviewing court to find such a decision fair, and therefore lawful. [5] in this case, the correctional authorities did not comply with the statutory .....

Tag this Judgment!

Jan 31 2014 (FN)

A.i. Enterprises Ltd. and Another Vs. Bram Enterprises Ltd. and Others

Court : Canada Supreme Court

Decided on : Jan-31-2014

..... problem. it offers what is perhaps a more straightforward analysis under the doctrine of abuse of rights?: see st. lawrence cement inc. v. barrette, 2008 scc 64 (canlii), 2008 scc 64, [2008] 3 s.c.r. 392, at para. 24. this doctrine is rooted in the civil code of qu bec, s.q. 1991, c ..... reconsidered the scope of unlawful means?, but this time in the context of unlawful means conspiracy: revenue and customs commissioners v. total network sl, [2008] ukhl 19, [2008] 1 a.c. 1174. the house of lords distinguished the conspiracy tort from the unlawful means tort and held that a more flexible definition of ..... is clarity out of reach?? (2012), 52 can. bus. l.j. 63, at pp. 77-78; h. carty, the economic torts in the 21st century? (2008), 124 law q. rev. 641, at p. 672; neyers, at pp. 231-33. [44] why do i favour the liability stretching rationale? it provides a rational ..... . carty, an analysis of the economic torts (2001), at p. 103; j. w. neyers, rights-based justifications for the tort of unlawful interference with economic relations? (2008), 28 l.s. 215; g. h. l. fridman, the law of torts in canada (3rd ed. 2010), at pp. 773-75; p. h. osborne, the ..... owners and the prospective purchasers. their conduct qualified as unlawful because it lacked any legal justification. the new brunswick court of appeal upheld this result, although for significantly different reasons. the acts of the dissenting family member and his company did not meet the general requirement that they be unlawful because they .....

Tag this Judgment!

Feb 07 2014 (FN)

Elizabeth Bernard Vs. Attorney General of Canada and Others

Court : Canada Supreme Court

Decided on : Feb-07-2014

..... earlier decision was limited to the question of how much home contact information the employer could disclose to the union without infringing an employees rights under the privacy act. it was argued that the court of appeal erred in this regard. however, that view was clearly not shared by blais c.j., who was the president of the panel in both ..... ceased disclosing employees home addresses and sins. ms. bernard thought this concluded the matter. professional institute of the public service of canada v. treasury board and canada revenue agency, 2008 pslrb 13 (canlii), 2008 pslrb 13 (canlii) (pipsc 1?) [50] in 1995, ms. bernard accepted a position at the cra with a different job classification, which was subsequently reclassified as audit, ..... pslra. the union had requested employees names and position titles, as well as work and home telephone numbers, fax numbers, mailing addresses, and email addresses. [52] in its february 2008 interim decision, the public service labour relations board (board?) held that the employers failure to provide the complainant with at least some of the employee contact information that it requested ..... , work addresses and work telephone numbers? (pipsc 3, at para. 130). and, in her submissions during the reconsideration hearing, she requested that the board change its order of july 18, 2008 that is, pipsc 2 so that instead of home address and telephone number, only work address and telephone numbers should be provided? (pipsc 3, at para. 141). [83] .....

Tag this Judgment!

Feb 21 2014 (FN)

Antal Babos Vs. Her Majesty the Queen

Court : Canada Supreme Court

Decided on : Feb-21-2014

..... other crown. in her capacity as a crown, ms. tremblays role was that of a quasi-judicial officer. her function was to be assistant to the court in the furtherance of justice, and not to act as counsel for any particular person or party? (boucher v. the queen, 1954 canlii 3 (scc), [1955] s.c.r. 16, at p. 25). in threatening ..... source. a few days later, in an affidavit dated october 30, 2008, she explained that the medical records had been sent from the detention centre by mr. piccirillis doctor (a.r., vol. vii, at pp. 186-87). [17] when mr. baboss s ..... at the detention centre had followed up on mr. piccirillis health since his heart attack and whether mr. piccirilli had been receiving his medication since his hospitalization. on october 23, 2008, mr. piccirillis doctor provided the crown with medical documents pertaining to mr. piccirilli. ms. kovacevich immediately disclosed these documents to mr. piccirillis counsel, but she initially refused to divulge their ..... threatened directly, no issue is taken with the fact that the threats conveyed to mr. piccirilli would have come to his attention. [11] the appellants trial began in april 2008. notably, by february 2008, ms. tremblay was no longer on the file. she had been removed for health reasons and replaced by a federal prosecutor, ms. kovacevich, when the charges against the .....

Tag this Judgment!

Mar 05 2014 (FN)

Bg Group Plc Vs. Republic of Argentina

Court : US Supreme Court

Decided on : Mar-05-2014

..... -arbitration grievance procedure, see john wiley & sons, inc. v. livingston, 376 u. s. 543 559 (1964), the litigation requirement sends the parties to court and not just any court, but a court of the host country. the law of international arbitration and domestic contract law lead to the same conclusion: because paragraph (2)(a) of article 8 constitutes only ..... use its contract renegotiation process, taken separately or together, warrants suspending or waiving the local litigation requirement. we would not necessarily characterize these actions as rendering a domestic court-exhaustion requirement absurd and unreasonable, but at the same time we cannot say that the arbitrators conclusions are barred by the treaty. the arbitrators did not stra[y] ..... workers, 531 u. s. 57, 62 (2000) )). see also hall street associates, l. l. c. v. mattel, inc., 552 u. s. 576, 588 (2008) (on matters committed to arbitration, the federal arbitration act provides for just the limited review needed to maintain arbitration s essential virtue of resolving disputes straightaway and to prevent it from be-coming merely a ..... arbitration using the framework developed for interpreting similar provisions in ordinary contracts. under that framework, the local litigation requirement is a matter for arbitrators primarily to interpret and apply. courts should review their interpretation with deference. pp. 6 17. (a) were the treaty an ordinary contract, it would call for arbitrators primarily to interpret and to apply .....

Tag this Judgment!

Aug 25 2014 (SC)

Manohar Lal Sharma Vs. the Principle Secretary and Others

Court : Supreme Court of India

Decided on : Aug-25-2014

..... by the ministry of power are neither disclosed nor discernible.149. in the 36th meeting, which was held on 07.12.2007-08.12.2007, 07.02.2008-08.02.2008 and 03.07.2008, the screening committee considered allocation of 23 coal blocks earmarked for non-power sector. for these 23 coal blocks earmarked for non-power sector, 674 applications were ..... mines and mineral development are linked up with the policy enunciated in section 18. (emphasis supplied by us) 63. the observations made by this court in tara prasad singh10 about interplay between the cmn act and the 1957 act with reference to the policy enunciated in section 18, in our view, apply equally to the entire legal regime articulated in the 1957 ..... in the joint venture agreements between the state psus and the private companies, mining operations have been given to private company. for example, the notice inviting offer dated 02.07.2008 issued by chhattisgarh mineral development corporation (cmdc) for selection of partner for formation of a joint venture company for exploration, development, mining and marketing of coal from coal blocks ..... done by a competitive method. it is further stated in the affidavit that the two blocks allotted for coal to liquid (ctl) projects were after inviting applications through advertisement in 2008 and that the applications received were considered by an inter-ministerial group (img) under the chairmanship of member (energy), planning commission and secretaries of department of expenditure, ministry of .....

Tag this Judgment!

Aug 07 2014 (SC)

Raj.Rajya Vidyut V Nigam Ltd. Vs. Dwarka Prasad Koolwal and ors.

Court : Supreme Court of India

Decided on : Aug-07-2014

..... others v. bachan singh[1]. but was not directly canvassed before us. in any event the decision relied upon by the high court was considered and distinguished in pepsu road transport corporation, patiala v. mangal singh and others.[2].51. the contention in this regard is a bit collateral, and it ..... a representation to the rseb voicing their grievances and the rseb should decide the representation within a month.25. the order dated 28th february, 2008 was followed in several other writ petitions filed by aggrieved employees and they made as many as 30 representations to the rseb pursuant to the ..... 90 days shall be deemed to have exercised option in favour of the existing cpf/fpf schemes covered under the provisions of employees provident fund act, 1952. the option once exercised or deemed to have been exercised shall be considered as final and no representation in this respect shall be ..... was not given to subsequent notices, the respondents relied upon the response dated 26th november, 2007 to a query raised under the right to information act, 2005 which states that the notice dated 4th february, 1997 was not received in the office of the executive engineer (prot.) ratangarh nor was ..... closing the receipt of switch-over options.23. at this stage, it may be mentioned that the rajasthan legislature enacted the rajasthan power sector reforms act, 1999 which resulted in the rajasthan power sector reforms transfer scheme 2000, which in turn resulted in the unbundling of the rseb into five .....

Tag this Judgment!

Nov 25 2014 (SC)

Associate Builders Vs. Delhi Development Authority

Court : Supreme Court of India

Decided on : Nov-25-2014

..... relevant point as contradistinguished by the policy of a particular government. (see state of rajasthan v. basant nahata [(2005) 12 scc77.)". in dda v. r.s. sharma and co., (2008) 13 scc80 the court summarized the law thus: ".21. from the above decisions, the following principles emerge: (a) an award, which is (i) contrary to substantive provisions of law; or (ii) the ..... of indian law (see paras 85,95). when it came to construing the expression ".the public policy of india". contained in section 34 (2) (b) (ii) of the arbitration act, 1996, this court in ongc v. saw pipes, 2003 (5) scc705 held- ".31. therefore, in our view, the phrase ".public policy of india". used in section 34 in context is required to ..... completion and therefore, their contract be finalized on the stipulated date of completion as the claimants shall be exposed to incur heavy expenditure in overheads for maintaining establishment watch and ward and tools and plants and other shuttering material but the respondents did not refute. the chief reasons for delay are highlighted below:- i) delay in supply of structural and architectural ..... setting aside the arbitral award.". this section in conjunction with section 5 makes it clear that an arbitration award that is governed by part i of the arbitration and conciliation act, 1996 can be set aside only on grounds mentioned under section 34 (2) and (3), and not otherwise. section 5 reads as follows: ".5. extent of judicial intervention.-notwithstanding anything .....

Tag this Judgment!

Dec 17 2014 (SC)

Pooja Ravinder Devidasani Vs. State of Maharashtra and Ors.

Court : Supreme Court of India

Decided on : Dec-17-2014

..... submitted that no certified copy of form 32 was produced by the appellant and only a certified copy of annual return has been filed before this court. under section 79 of the evidence act, 1872, a court can presume genuineness of a document only when a certified copy is filed. even if certified copy of form 32 is produced by the appellant to ..... /s elite international pvt. ltd. on 1st july, 2004 and had also executed a letter of guarantee on 19th january, 2005. the cheques in question were issued during april, 2008 to september, 2008. so far as the dishonor of cheques is concerned, admittedly the cheques were not signed by the appellant. there is also no dispute that the appellant was not the ..... , was explained. from the record it appears that the trade finance facility was extended by the respondent no.2 to the default company during the period from 13th april, 2008 to 14th october, 2008, against which the cheques were issued by the company which stood dishonored. much before that on 17th december, 2005 the appellant resigned from the board of directors. hence ..... by the board of directors, the appellant ceased to play any role in the activities of the company. the cheques in question were issued by the company in the year 2008 i.e. about two and half years after resignation of the appellant as director. this fact itself emphasizes that the appellant was not involved in the affairs of the company .....

Tag this Judgment!

Apr 22 2014 (FN)

Schuette Vs. Bamn

Court : US Supreme Court

Decided on : Apr-22-2014

..... does not involve a reordering of the political process ), with post, at 25 29 (sotomayor, j., dissenting) (yes, it does). this part of the inquiry directs a court to determine whether the challenged act place[s] effective decisionmaking authority over [the] racial issue at a different level of government. seattle, 458 u. s., at 474. the laws in both hunter and seattle ..... the board of governors of wayne state university. the michigan attorney general was granted leave to intervene as a defendant. the united states district court for the eastern district of michigan consolidated the cases. in 2008, the district court granted summary judgment to michigan, thus upholding proposal 2. bamn v. regents of univ. of mich., 539 f. supp. 2d 924. ..... admissions at any level. bylaws, art. 8. the boards may also permanently remove certain admissions decisions from university officials.[ 10 ] this authority is not merely theoretical. between 2008 and 2012, the university of michigan s board of regents revised more than two dozen of its bylaws, two of which fall within chapter viii, the section regulating admissions practices ..... & forrest, social and economic justice movements and organizations, in the oxford handbook of american political parties and interest groups 468, 471 (l. maisel & j. berry eds., 2010). in 2008, for instance, over $800 million was spent nationally on state-level initiative and referendum campaigns, nearly $300 million more than was spent in the 2006 cycle. donovan 98. in several .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //