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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Page 7 of about 917 results (0.081 seconds)

Nov 15 1967 (HC)

Shayam Singh Vs. State

Court : Delhi

Reported in : 5(1969)DLT222

..... of an entry in the family register of the said panchayat. the said entry was the date of birth of shanta, which was shown as 12-4-2008 bk. in his cross-examination, he stated that the family register maintained by the panchayat previously gto burnt when the panchayatghar (office) was destroyed by fire in ..... said shawala nand and keshru and himself belonged to villages which were at a distance of 2 miles from each toher. to a question put by the court as to whether he had anything to say as to why the prosecution witnesses were deposing against him, he answered as follows :- 'thevillagers of tikkri ..... the girl, shanta, and put his sexual organ into the sexual organ of the girl. (18) the question then arises as to whether the said act of the appellant amounts to sexual intercourse within the meaning of section 375 of the indian penal code. the explanationn to the section states that 'penetration' ..... addition of the explanationn to the section that to constitute the offence of rape under section 376, indian penal code . there need nto be a complete act of sexual intercourse, and that it is sufficient if there is penetration. the use of the word 'penetration' without any further words of limitation shows ..... penis of the accused would have penetrated vaginal orphis of smt. shanta devi with difficulty. the labia majora could nto get separated by a single sexual act in the case of p. w. shanta devi.' (19) it is significant that the doctor recorded at the time of the examination of the girl .....

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Jan 23 2014 (HC)

Jayanta Baruah, Assam Vs. Dilip Baruah, Assam

Court : Guwahati

..... of the said news item, is not sustainable in law and the impugned proceedings cannot stand against the petitioners. he has placed reliance on three judgments of the apex court reported in (i) (2008) 5 scc 668 (maksud saiyed vs. state of gujarat). (ii) (2010) 10 scc 479 (maharashtra state electricity distribution company ltd. vs. datar switchgear ltd.) and (iii) (1998)5 ..... evidence. ?? in any legal proceeding whatever, as well civil as criminal, the production of a copy of such declaration as is aforesaid, attested by the seal of some court empowered by this act to have the custody of such declaration, or, in the case of the editor, a copy of the newspaper containing his name printed on it as that of the ..... are no positive averments in the complaint about the petitioners having prior knowledge of the publication or the petitioners being directly responsible for publication of the said imputation. under the act, no presumption can be drawn against the petitioners, the petitioners being not editor, printer or publisher. 21. in pepsi food ltd. and anr. vs. special judicial magistrate and ors., reported ..... petitioner no. 2 is the press, even in absence of any specific allegation and/or statement with regard to their role in the publication of the defamatory article. 10. the act was enacted for regulation of printing ??presses and newspapers, for the preservation the copies of books and newspapers printed in india and for the registration of such books and newspapers .....

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Jul 02 2012 (HC)

Union of India Vs. Niko Resources Ltd and Another

Court : Delhi

..... delay in the majority in pronouncing its award vitiated the award. he placed reliance on the decision of this court in harji engg. works pvt. ltd. v. bharat heavy electricals ltd. 153 (2008) dlt 489. he submitted that the explanation offered regarding the health problems of the two arbitrators, could not ..... by reading into it clauses and provisions that were nonexistent. the majority award was therefore in clear violation of section 28 (3) of the act. 56. the majority award totally overlooked the facts stated in an affidavit dated 30th july 2003 filed by gspc before the arbitral tribunal. in ..... consistent with good petroleum practice. 54. the majority also conveniently overlooked the earlier stand of gspc in the proceedings under section 9 of the act. the gspc had correctly noted in its affidavit in those proceedings that the 36 pipeline was not part of the development plan. it had not ..... would by itself place it in conflict with the public policy of india within the meaning of section 34 (2) (b) (ii) of the act. as will be discussed hereafter, the impugned award sets out comprehensively the facts as pleaded by the parties, the evidence, the submissions of counsel, the ..... on 2nd september 2002. proceedings before the arbitral tribunal 31. on 31st october 2002, niko filed an application under section 32(2) of the act before the arbitral tribunal, seeking termination of the arbitration proceedings against gspc stating that the inter se disputes between niko and gspc had been settled. .....

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Apr 16 2008 (FN)

Begay Vs. United States

Court : US Supreme Court

..... .5%), (1996) (15,249; 40.8%) online at http://www-nrd.nhtsa. dot.gov/cmsweb/listpublications.aspx?id=e&showby;=doctype (all internet materials as visited apr. 11, 2008, and available in clerk of court s case file); see also michigan dept. of state police v. sitz , 496 u. s. 444 , 451 (1990) ( no one can seriously dispute the magnitude of the ..... facts, 2006 traffic safety annual assessment alcohol-related fatalities 1 (no. 810821, aug. 2007), http://www-nrd.nhtsa.dot.gov/pubs/810821.pdf (as visited apr. 11, 2008, and available in clerk of court s case file). even so, we find that dui falls outside the scope of clause (ii). it is simply too unlike the provision s listed examples for us ..... the united states no. 06-11543 larry begay, petitioner v. united states on writ of certiorari to the united states court of appeals for the tenth circuit [april 16, 2008] justice breyer delivered the opinion of the court. the armed career criminal act imposes a special mandatory 15-year prison term upon felons who unlawfully possess a firearm and who also have three or ..... the united states begay v . united states certiorari to the united states court of appeals for the tenth circuit no. 06 11543.?argued january 15, 2008 decided april 16, 2008 the armed career criminal act (act) imposes a special mandatory 15-year prison term upon a felon who unlawfully possesses a firearm and who has three or more prior convictions for committing certain drug crimes .....

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Apr 13 2018 (SC)

Commissioner of Central Excise Vs. M/S. Madhan Agro Industries (I) Pvt ...

Court : Supreme Court of India

..... under the auspice of the general agreement on tariffs trade (gatt). in commissioner of customs and central excise, goa v. phil corporation ltd. (2008) 17 scc569 this court explained the hsn as under:-"9. ...the central excise tariff act is broadly based on the system of classification from the international convention called the brussels 69 convention on the harmonized commodity description and coding ..... given in the glossary of terms of the isi."74. 60. however, in camlin ltd. v. commissioner of central excise, mumbai (2008) 9 scc82 this court held that if the entries under hsn and the entries under the central excise tariff act are different then reliance cannot be placed upon hsn notes for the purposes of classification of goods under the central excise ..... note 2 to section vi and chapter note 3 to chapter 33 in support of the contentions advanced. apart from relying on the aforesaid provisions of the act, shri panda has submitted before the court that an elaborate market survey of the product undertaken had indicated that coconut oil in smaller packages are understood in the market and purchased as hair oil ..... by military personnel who are posted in high-altitude areas. in commissioner of central excise, calcutta v. sharma chemical works (2003) 5 scc60 this court held that in interpreting provisions of a statute like the excise act, the popular meaning as understood by the users should be applied and not the scientific or technical meaning.49. as held in jain exports pvt .....

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Jan 11 2016 (SC)

M/S Sciemed Overseas Inc. Vs. Boc India Limited and Ors.

Court : Supreme Court of India

..... to be preserved and protected and at the same time the filing of irresponsible statements without any regard to accuracy has to be discouraged. it was observed by this court as follows: courts are entrusted with the powers of dispensation and adjudication of justice of the rival claims of the parties besides determining the criminal liability of the offenders for offences committed ..... line for oxygen, carbon dioxide, nitrous oxide and compressed air, etc. the work was to be executed on a turnkey basis within 150 days in the 1000 bedded departments and wards of the rims.5. responses to the notice inviting tender were submitted by the petitioner (sciemed overseas) and respondent no.1 (boc india). their tenders were processed by the rims ..... against the society. the courts are further expected to do justice quickly and impartially not being biased by any extraneous considerations. justice dispensation system would be wrecked if statutory restrictions are not imposed upon ..... learned single judge of the high court. by an order dated 14th may, 2008, the learned single judge dismissed the writ petition. while disposing of the writ petition, it was held that though the decision making process by which sciemed was declared to be qualified was improper, it could not be held that the rims had acted in an arbitrary, mala fide or .....

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Oct 16 2015 (SC)

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... judicial independence," bond law review: vol. 16: iss. 2, article 8. available at: http://epublications.bond.edu.au/blr/vol16/iss2/8 [695]. (1992) 2 scc428[696]. reference re supreme court act, sections 5 and 6, [2014]. 1 scr433[697]. (2014) 14 scc50[698]. paragraph 4 [699]. (1985) 1 scc641[700]. 1973 3 all er54[701]. (1975) 4 scc428[702]. (1988 ..... any amendment of this constitution made under article 368. [579]. kesavananda bharati [580]. (1977) 4 scc608paragraph 238 (seven judges bench) [581]. (1996) 7 scc1paragraph 107 (five judges bench) [582]. (2008) 6 scc1paragraph 116 (five judges bench) [583]. (2014) 10 scc1paragraph 109 (five judges bench) [584]. justice khanna refers to this conclusion in paragraph 198 in the decision rendered in indira ..... judges to the higher judiciary in fifteen countries, we consider it expedient to delve further on the subject. during the hearing of the present controversy, a paper written in november 2008, by nuno garoupa and tom ginsburg of the law school, university of chicago, came to hand. the paper bore the caption guarding the guardians: judicial councils and judicial independence ..... his article the bases of power and the power/interaction model of interpersonal influence (this article appeared in analyses of social issues and public policy, vol. 8, no.1, 2008, pp. 1-22). in addition to having dealt with various psychological reasons which influenced the personality of an individual, reference was also made to the legitimate power of reciprocity . .....

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Jun 22 2011 (FN)

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

Court : UK Supreme Court

..... 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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May 19 2015 (HC)

Pepsi Foods Pvt. Ltd. (Now Merged With Pepsico Ind Vs. Assistant Comm ...

Court : Delhi

..... provisos, as they stood. there was no challenge to the constitutional validity of the third proviso to section 254(2a) of the said act after the amendment introduced by the finance act, 2008. no decision of any high court has been brought to our notice by the learned counsel for the parties, wherein the constitutional validity of the third proviso to section 254 ..... assessee.11. it is evident that the amendment introduced by virtue of the finance act, 2008 had nullified the effect of the decision of the bombay high court in narang overseas (supra). the said provision, after its amendment by virtue of the finance act, 2008, came up for consideration before this court in maruti suzuki (india) limited (supra). the following observations made by a division ..... bench of this court in that case are relevant: 26. in view of the aforesaid discussion, we have reached the following conclusion:(i) in view of ..... the third proviso to section 254(2a) of the act substituted by finance act, 2008 with effect from 1st october, 2008, tribunal cannot extend stay beyond the period of 365 days .....

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May 19 2015 (HC)

Pepsi Foods Ltd. Vs. Deputy Commissioner of Income Tax and Ors

Court : Delhi

..... provisos, as they stood. there was no challenge to the constitutional validity of the third proviso to section 254(2a) of the said act after the amendment introduced by the finance act, 2008. no decision of any high court has been brought to our notice by the learned counsel for the parties, wherein the constitutional validity of the third proviso to section 254 ..... assessee.11. it is evident that the amendment introduced by virtue of the finance act, 2008 had nullified the effect of the decision of the bombay high court in narang overseas (supra). the said provision, after its amendment by virtue of the finance act, 2008, came up for consideration before this court in maruti suzuki (india) limited (supra). the following observations made by a division ..... bench of this court in that case are relevant: 26. in view of the aforesaid discussion, we have reached the following conclusion:(i) in view of ..... the third proviso to section 254(2a) of the act substituted by finance act, 2008 with effect from 1st october, 2008, tribunal cannot extend stay beyond the period of 365 days .....

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