Court : Armed forces Tribunal AFT Regional Bench Kochi
..... exercising powers under art.226 of the constitution can examine the matter. but the scope of judicial review in such matter is rather limited as the high court does not act as the appellate authority. only when the conclusions are perverse, without any material to support it or where irrelevant materials have been taken into consideration for arriving at a ..... laid down in keshar singh's case also applies to cases which arose under 1961 entitlement rules. 35. the matter was again considered by the supreme court in union of india v. surinder singh rathore, (2008) 5 scc 747. regulation 173 as it stood prior to 1973, and rules 2, 3, and 4 of 1961 entitlement rules and regulation 423 ..... the board should be communicated separately when required. d. specialist officers should be conversant with relevant paragraphs in chapter vi and vii of guide to medical officers (mil pensions) 2008. e. possible a etiological factors of the diseases whether infective/degenerative/inherited/immunological/iatrogenic etc. should be brought out clearly. f. no inadvertent remarks on service related issues like ..... its decision to be swayed by sympathy or other extraneous considerations" the chapters vi and vii of the guide to medical officers (military pension) has been amended in the year 2008. after the amendment, paragraph 54 reads as follows: "54. mental and behavioural (psychiatric) disorders. psychiatric illness results from a complex interplay of endogenous (genetic/biological) and exogenous (environmental, .....Tag this Judgment!
Court : Supreme Court of India
..... number of colonies, farm-houses and mines were located in areas closed under the provisions of the plp act. one of the prominent violators was the applicant (kant enclave) which had violated the orders of this court of 14th may, 2008 (the decision of this court will be discussed a little later). the report also mentioned that there was large-scale illegal use of ..... this land is in contravention of the notification dated 18th august, 1992 issued under the ias. 2310/2008 etc. in w.p. (c) no.4677 of 1985 etc. page 1 of 81 provisions of the plp act, the forest (conservation) act, 1980 and decisions of this court.2. our answer to both the questions is in the affirmative. we have no doubt that land ..... a bench of three learned judges who dismissed the application by a judgment and order dated 14th may, 2008.21 the issue whether land closed by a notification issued under the provisions of the plp act was forest land was once again considered by this court and the decision rendered on 18th march, 2004 was specifically and categorically reiterated.115. we would have ..... the laws, rules and regulations which would necessarily include the notification issued under the provisions of the plp act. ias. 2310/2008 etc. in w.p. (c) no.4677 of 1985 etc. page 19 of 81 issues arising out of the orders passed by this court 31. in this background and context, it appears that some questions were raised by the financial commissioner .....Tag this Judgment!
Court : US Supreme Court
..... 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!
Court : Supreme Court of India
..... complainant shri samir ganguly was examined on 06.10.2010. since some of the accused persons are residents beyond local jurisdiction of the court, the trial court/the magistrate fixed the matter for enquiry under section 202 cr.p.c. on 08.10.2010. an employee of the appellant company ..... against respondents no.13 to 15. likewise, there are no specific allegations against the other accused who are residing outside the jurisdiction of the court and how and when they committed theft of the documents that how they entered into 40 conspiracy. considering the various litigations pending between the parties ..... shri samir ganguly and p.b. dinesh, the magistrate satisfied himself that there are sufficient grounds for proceeding against the accused and the high court rightly held that there was no irregularity in the procedure followed by the magistrate in issuing process against the respondents. the learned senior counsel ..... be sufficient indication as to the application of mind and observing that the magistrate is not to act as a post office in taking cognizance of the complaint, in mehmood ul rehman, this court held as under:- 25 22. .the code of criminal procedure requires speaking order to be passed ..... under:- 11. in chief enforcement officer v. videocon international ltd. (2008) 2 scc492(scc p. 499, para19) the expression cognizance was explained by this court as it merely means become aware of and when used with reference to a court or a judge, it connotes to take notice of judicially . it .....Tag this Judgment!
Court : House of Lords
..... been granted. first and foremost", the unfairness of the land owner in this case being unable to take advantage of a certificate under section 17(4)(b) of the 1961 act -  ewca civ 1230, para 65. such a certificate would, if granted in respect of residential development of the land, have enabled the respondent to compensation on the basis that planning ..... for the chance that permission would not have been granted? 67. transport for london (tfl) appeals against the order of the court of appeal (carnwath, thomas and etherton ljj, in a judgment of the court) dated november 13, 2008 by which the court of appeal dismissed the appeal of tfl against a decision of the tribunal (the president and mr p.r. francis frics ..... include an increase in value entirely due to the scheme underlying the compulsory acquisition. lord macdermott quoted from the judgment of eve j (approved by the court of appeal) in a case antedating the 1919 act, south eastern railway company v lcc  2 ch 252, 258: increase in value consequent on the execution of the undertaking for or in connection with ..... appeal suggested that its approach reflects the common assumption and practice of tribunals, courts, practitioners and valuers -  ewca civ 1230, para 66. i am far from convinced that this is correct; and, even if it is, it cannot justify an erroneous interpretation of the 1961 act. the court of appeals observation lies a little unhappily with the observation of the lands tribunal .....Tag this Judgment!
Court : Supreme Court of India
..... residence of a2 to a4 did not warrant an inference thereof and though as this offence contemplates an agreement between two or more persons to commit an unlawful act, a court to be satisfied with regard thereto ought to have at its disposal prima facie evidence. it observed that where evidence is only circumstantial, it must be complete ..... .sasikala | | | | | | |land and building at|30-12-1988|tmt. n. sasikala|5,85,420 |i |15 | | | | | | | | |abishekapuram |sale deed | | | | | |village, ponnagar, | | | | | | |trichy in plot | | | | | | |no.102, 3rd cross | | | | | | |road, new ward, | | | | | | |no.k, block | | | | | | |no.30, t.s.no.107, | | | | | | |totally | | | | | | |measuring 3525 sq ft| | | | | | |purchased from | | | | | | |mirasi of 22a, | | | | | | |william road, | | | | | | |contonment trichy, | | | | | | |cash balance ..... . in refutation, learned senior counsel appearing for a1 submitted that the trial court wrongly excluded from consideration the income tax assessment orders in favour of the accused by relying upon the judgment of high court of patna in state of bihar vs. lalu prasad & anr., (2008) crl.l.j.2433, which, according to him, is clearly inapplicable ..... since the order passed by the patna high court was in the nature of an interlocutory order. he further stated that while .....Tag this Judgment!
Court : Singapore Supreme Court
..... is seven days. the husband in sum 30400/2013 prayed for extension of time "to apply for leave under section 34 of the supreme court of judicature act". is section 34 of the supreme court of judicature act (cap 322, 2007 rev ed) ("scja") applicable in this case? section 34 states: matters that are non-appealable or appealable only ..... prescribed period for filing the application for leave to appeal is seven days. it reads: a party applying for leave under section 34 of the supreme court of judicature act to appeal against an order made, or a judgment given, by a judge must file his application to the judge within 7 days from the date of ..... or abridge the period within which a person is required or authorised by these rules or by any judgment, order or direction, to do any act in any proceedings. (2) the court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of ..... chien wen edwin  2 slr(r) 260 at , ad v ae  2 slr(r) 505 at , [lee hsien loong v singapore democratic party  1 slr(r) 757] at  and anwar siraj v ting kang chung john  1 slr 1026 at ). it should, however, be noted that these factors ..... an application for leave to file an appeal out of time (see, eg, the oriental insurance co ltd v reliance national asia re pte ltd  3 slr(r) 121, which pertained to the late filing of a proof of debt under a scheme of arrangement for a company). [emphasis added] the .....Tag this Judgment!
Court : Delhi
..... 2015].; state trading corporation of india limited v. jainsons clothing corporation (1994) 6 scc597 vinitec electronics private limited v. hcl infosystems limited (2008) 1 scc544and the decision of this court dated 6th december, 2016 in arb. p. no.499/2015 in geo miller & co. pvt. ltd. v. bihar urban infrastructure ..... wpos. on 19th april, 2016, trf filed an application being arb.p. no.85/2016 under section 11 of the act. the said petition was dismissed by this court on 19th april, 2016. aggrieved by the said order, trf filed special leave petitions, being slp(c) nos. 14226/ ..... before the at. in the circumstances, it was observed that trf did not have an efficacious remedy under section 17 of the act and therefore, the court had to consider the prayer for interim reliefs on merits and pass an order. the present petitions 20. on remand, the aforementioned ..... and ms. aakashi lodha, advocates. coram: justice s. muralidhar % judgment1702.2017 1. these are five petitions under section 9 of the arbitration and conciliation act, 1996 ( act?) filed by trf limited ( trf?) seeking interim reliefs against energo engineering projects limited ( energo?) (respondent no.1) in the circumstances outlined hereunder. background ..... is a trilateral contract which the bank has undertaken to unconditionally and unequivocally abide by the terms of the contract. it is an act of trust with full faith to facilitate free flow of trade and commerce in internal or international trade or business. it creates an .....Tag this Judgment!
Court : Delhi
..... the scope of his powers under section 8 of the guardian and wards act. these acts cannot bind respondent no.5 and no award could be passed against respondent no.5. omp (efa) (comm) 6/2016 page 109 of 115 127. reference may be had to the judgment of the supreme court in ritesh agarwal vs. securities and exchange board of india (supra). that ..... reported online and was publically available. the petitioner had raised queries on the ongoing fda omp (efa) (comm) 6/2016 page 6 of 115 and doj investigation during february 2008 to may 2008. it is hence pleaded that it is manifest that the petitioner was fully aware about the pending investigations and its ramifications. further, it is stated by the respondent that ..... risk of regulatory liability was not low or immaterial. the arbitral tribunal noted the following subsequent events which as per the respondents could have alerted the petitioner. a. in july 2008, the doj filed a public motion to enforce subpoenas which made serious allegations against ranbaxy and which, daiichi's own witness recognised, could "destroy a company b. on 30 ..... ... respondents no.14 to 19 and respondent no.20 respectively.2. the controversy revolves around a share purchase and share subscription agreement (hereinafter referred to as spssa) dated 11.6.2008 whereby the petitioner agreed to purchase from the respondents their total stake in ranbaxy laboratories limited (hereinafter referred to as ranbaxy?) for a transaction valued at inr198billion (approximately 4.6 .....Tag this Judgment!
Court : Delhi
..... delhi 2013 (7) scale407 where the alleged seizure took place at a crowded place yet no independent witness could be associated with the seizure, the apex court inter alia observed as under: 7. .we may note here with profit there is no absolute rule that police officers cannot be cited as witnesses and ..... and caution in evaluating their evidence. rejecting a similar contention in kashmiri lal vs. state of haryana (2013) 6 scc595 the hon?ble supreme court inter alia observed as under: 9. .it is evincible from the evidence on record that the police officials had requested the people present in the ' ..... public witnesses to associate with the raid or arrest of the culprit, the arrest and the recovery made would not be necessarily vitiated. the court will have to appreciate the relevant evidence and will have to determine whether the evidence of the police officer was believable after taking due care ..... be oblivious to the reluctance of common men to join such raiding parties organized by the police, lest they are compelled to attend police station and courts umpteen times at the cost of considerable inconvenience to them, without any commensurate benefit. hence, no adverse inference on account of failure to join public ..... in the office of acp, narcotic branch, a copy dd no.18a was received in their office and on 9.7.2008, two special reports under section 57 of the ndps act were received in the said office. the photocopy of the report registered is ex.pw5/c whereas the copies of the .....Tag this Judgment!