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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: us supreme court Year: 2013 Page 1 of about 17 results (0.066 seconds)

Feb 28 2013 (SC)

State of Andhra Pradesh Vs. State of Maharashtra and Others

Court : Supreme Court of India

Decided on : Feb-28-2013

..... agreement dated 06.10.1975 is the structure and not the spread area.54. in orient papers and industries ltd.1, this court was concerned with provisions of orissa irrigation act, 1959, particularly, sections 4(d) and 28 thereof. while dealing with the argument that the irrigation work as defined under ..... by the two states amicably, the central water commission (cwc) intervened. in the meanwhile, a public interest litigation was also filed before this court. one of the prayers therein is for issuance of directions against maharashtra to stop the construction of babhali barrage and direction to the central government ..... maharashtra.63. as regards lift irrigation schemes, maharashtra has averred in paragraph 12(ii) of the amended written statement filed on 30.01.2008 as under:below vishnupuri barrage on the main godavari river and the state border with andhra pradesh there is a vast area and population of ..... all the efforts made by andhra pradesh in stopping construction of babhali barrage by maharashtra failed and despite pendency of a writ petition before this court in the nature of public interest litigation, maharashtra continued with construction of babhali barrage.10. maharashtra has traversed the claim of andhra pradesh. ..... of documents were filed by them. on 05.08.2008, the court recorded that counsel on either side had agreed that there would not be any oral evidence in the suit. as both sides had filed series of documents, the court on that day observed that the parties may file a .....

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Jan 23 2013 (SC)

Prashant Bharti. Vs. State of Nct of Delhi.

Court : Supreme Court of India

Decided on : Jan-23-2013

..... of divorce, from her previous husband. she accordingly produced a certified copy of the judgment and decree of the court of the civil judge (senior division), kanpur (rural) dated 23.9.2008. a photocopy thereof duly attested by priya, the complainant/prosecuterix, and her counsel, were taken on record. a ..... in the statement of minakshi pw23, pointed out by the learned counsel for the accused-appellant, as also, the reasoning rendered by the high court in the impugned judgment becomes insignificant. we are satisfied, that the process by which the accused-appellant came to be identified during the course ..... porwal on 14.6.2003. it also reveals, that the aforesaid marriage subsisted till 23.9.2008, when the two divorced one another by mutual consent under section 13b of the hindu marriage act. in her supplementary statement dated 21.2.2007, the complainant/prosecuterix accused prashant bhati of ..... , 1955, on 23.9.2008. priya, the complainant/prosecuterix also affirmed, that she had remarried thereafter. she also produced before us a certificate of marriage dated ..... perusal of the same reveals, that the complainant/prosecuterix was married to lalji porwal on 14.6.2003. she was divorced from her said husband by mutual consent under section 13b of the hindu marriage act .....

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Apr 18 2013 (SC)

Samaj Parivartana Samudaya and Others Vs. State of Karnataka and Other ...

Court : Supreme Court of India

Decided on : Apr-18-2013

..... recommended the taking of any step or measure beyond what is contemplated by the statutory scheme(s) in force. it is argued that it will not be proper for this court to act under article 32 and to accept any of the said recommendations which are beyond the scheme(s) contemplated by the statute(s). in other words, what is sought to ..... made in respect of the mining operations in the districts of tumkur and chitradurga by order dated 26.8.2011. as the materials placed before the court (including the report of the lokayukta dated 18.12.2008) indicated large scale encroachment into forest areas by leaseholders and ongoing mining operations in such areas without requisite statutory approval and clearances, a joint team ..... that in the bellary-hospet region the annual production of iron ore had increased from 12.4 mmt in the year 2001-02 to 44.39 mmt in the year 2008-09. the then chief minister of the state had made a statement on the floor of the legislative assembly on 9.7.2010 that 30.49 mmt of illegal iron ..... go into the issues which exercise, however, did not yield any tangible result. thereafter, the matter was referred to the lokayukta of the state and a report dated 18.12.2008 was submitted which, prima facie, indicated indiscriminate mining of unbelievable proportions in the bellary district of the state. it is in these circumstances, that the petitioner- samaj parivartana samudaya had .....

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Sep 13 2013 (FN)

Competition Commission Vs. Yara (South Africa) (Pty) Ltd. and Others

Court : South Africa Supreme Court of Appeal

Decided on : Sep-13-2013

..... woodlands concerned the validity of two summonses issued by the commission in terms of s 49a of the act, pursuant to an investigation into the milk industry as a whole. this court considered the scope of the initiating complaint to determine whether the summonses issued during the course of this investigation ..... necessarily prevail with regard to complaints initiated by the commission. [26] the cac also found support for the referral rule in the judgment of this court in woodlands dairy (pty) ltd v competition commission 2010 (6) sa 108 (sca). as i see it, however, woodlands does not provide that ..... have its origin in the decision of the cac in clover industries ltd v the competition commission 78/cac/1 jul 08 (12 november 2008). in this case the commission referred a complaint against clover and others to the tribunal. clover and its co-respondents objected to the referral ..... two counsel. judgment brand ja(nugent, malan, petse and saldulker jja concurring): [1] this is an appeal against an order of the competition appeal court (the cac) which overturned an order of the competition tribunal (the tribunal). proceedings commenced with an application by the competition commission (the commission) to ..... is upheld with costs, including the costs of two counsel, to be paid by the second respondent. 2. the order of the competition appeal court is set aside and replaced with the following: the appeal is dismissed and the appellants are ordered, jointly and severally, to pay the respondents costs .....

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Jun 19 2013 (FN)

London Borough of Harrow Vs. Cusack

Court : UK Supreme Court

Decided on : Jun-19-2013

..... some initial confusion as to the statutory basis for their proposed action, they settled on section 80 of the highways act 1980. mr cusack began proceedings in the county court for an injunction to prevent the erection of the barriers outside his house. judge mcdowall and on appeal maddison j ..... on the division could be issued only when the division plan submitted by the owners was compatible with the land development plan. the court considers that by adopting such an approach the authorities could effectively evade the obligation to build and maintain roads other than major thoroughfares provided ..... their possessions within a1p1. although it met the requirements of being lawful and in the general interest, it was not proportionate. 41. the court recognised that "in the area of land development and town planning" contracting states enjoyed "a wide margin of appreciation in order to implement their ..... ac 508, 530). whether compensation is payable depends on the particular statutory provision. 11. mr green, as i understood his arguments in this court, relied less on the general/specific principle as such, than on a purposive interpretation of the statutory provisions in their context. although he put ..... excluded from those rights, the court is entitled to inquire into the reasons for the exclusion, and ask whether it serves any legitimate purpose, or leads to results 'so anomalous as to render the legislation unacceptable': j a pye (oxford) ltd v united kingdom (2008) 46 ehrr 45, para 83 .....

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May 03 2013 (SC)

Ankush Shivaji Gaikwad Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : May-03-2013

..... to consider the evidence or law for the first time to see if the judgment needs a reversal... 60. in director, horticulture punjab and ors. v. jagjivan parshad (2008) 5 scc 539, this court stated that the spelling out of reasons in an order is a requirement of natural justice: ...reasons substitute subjectivity by objectivity. the emphasis on recording reasons is that ..... from the weapon used, the part of the body chosen for the assault and the nature of the injuries caused... (emphasis supplied) 17. the decision of this court in basdev v. the state of pepsu air 1956 sc 488, drew a distinction between motive, intention and knowledge in the following words: ....of course, we have to distinguish between motive, intention and knowledge ..... a weapon which is handy and causes injuries out of which only one proves fatal, he would be entitled to the benefit of the exception provided he has not acted cruelly. this court held that the number of wounds caused during the occurrence in such a situation was not the decisive factor. what was important was that the occurrence had taken place ..... . motive is something which prompts a man to form an intention and knowledge is an awareness of the consequences of the act. in many cases intention and knowledge merge .....

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Mar 19 2013 (FN)

Kirtsaeng Vs. John Wiley and Sons, Inc.

Court : US Supreme Court

Decided on : Mar-19-2013

..... 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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Jan 23 2013 (SC)

Prashant Bharti Vs. State of Nct of Delhi

Court : Supreme Court of India

Decided on : Jan-23-2013

..... of divorce, from her previous husband. she accordingly produced a certified copy of the judgment and decree of the court of the civil judge (senior division), kanpur (rural) dated 23.9.2008. a photocopy thereof duly attested by priya, the complainant/prosecuterix, and her counsel, were taken on record. a ..... in the statement of minakshi pw23, pointed out by the learned counsel for the accused-appellant, as also, the reasoning rendered by the high court in the impugned judgment becomes insignificant. we are satisfied, that the process by which the accused-appellant came to be identified during the course ..... porwal on 14.6.2003. it also reveals, that the aforesaid marriage subsisted till 23.9.2008, when the two divorced one another by mutual consent under section 13b of the hindu marriage act. in her supplementary statement dated 21.2.2007, the complainant/prosecuterix accused prashant bhati of ..... , 1955, on 23.9.2008. priya, the complainant/prosecuterix also affirmed, that she had remarried thereafter. she also produced before us a certificate of marriage dated ..... perusal of the same reveals, that the complainant/prosecuterix was married to lalji porwal on 14.6.2003. she was divorced from her said husband by mutual consent under section 13b of the hindu marriage act .....

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Dec 31 2013 (FN)

Bnj Vs. Smrt Trains Ltd and Another

Court : Singapore Supreme Court

Decided on : Dec-31-2013

..... . it operates to aid the plaintiff in establishing prima facie negligence where it is not possible for him to prove precisely what was the act or omission leading to his injury. in such circumstance, the court may take the accident itself as evidence of the defendant's failure to take reasonable care on the balance of probabilities. as stated by ..... - height psds109. that meant that it was reasonably safe also without interim barriers. i accept this argument. the decision to install the half-height psds was taken in 2008. the likelihood of an accidental one-under incident was infinitesimal immediately before and immediately after the decision was taken. the magnitude of the harm was also identically catastrophic immediately ..... standard of 0.4 passenger injuries per million passenger trips , and were in keeping with prevailing international practices . the decision to install half-height psds was taken in 2008 primarily to improve operational efficiency by reducing train downtime caused by track intrusions of all kinds, and to improve the attractiveness of public transport as an alternative to private transport ..... broadcast in four languages about one minute before a train reaches the mrt station, reminding passengers to stand behind the yellow line. 74. mr teo explained that since august 2008, smrt has deployed extra station personnel at platforms during peak hours on weekdays to control human traffic. smrt also initiated various customer education programs between 2004 and 2006 which .....

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Jun 24 2013 (FN)

University of Tex. Southwestern Medical Center Vs. Nassar

Court : US Supreme Court

Decided on : Jun-24-2013

..... it. 544 u. s., at 176 (internal quotation marks and alterations omitted). g mez-p rez v. potter, 553 u. s. 474 (2008) , was similarly reasoned. the court there held that the federal-sector provision of the age discrimination in employment act of 1967 (adea), 29 u. s. c. 633a(a), barring discrimination based on age, also proscribes retaliation. 553 u. s., at ..... the 1991 civil rights act, see supra, at 8 10. c the court shows little regard for trial judges who must instruct juries in title vii cases in which ..... and thereby hold employers accountable for prohibited discrimination. see civil rights act of 1991, 2, 105stat. 1071; house report part ii, at 18. it is an odd mode of statutory interpretation that divines congress aim in 1991 by looking to a decision of this court, gross, made under a different statute in 2008, while ignoring the overarching purpose of the congress that enacted ..... plaintiffs allege both status-based discrimination and retaliation. nor is the court concerned about the capacity of jurors .....

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