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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Page 9 of about 917 results (0.083 seconds)

May 08 2019 (SC)

Ssangyong Engineering and Construction Co. Ltd Vs. National Highways A ...

Court : Supreme Court of India

..... opposed to the public policy of india. 17. yet another expansion of the phrase public policy of india contained in section 34 of the 1996 act was by another judgment of this court in western geco (supra), which was explained in associate builders (supra) as follows: 28. in a recent judgment, ongc ltd. v. ..... ), insert sub- section (2a) an arbitral award arising out of arbitrations other than international commercial arbitrations, may also be set aside by the court if the court finds that the award is vitiated by patent illegality appearing on the face of the award. provided that an award shall not be set aside ..... standard oil co., 224 n.y. 99, 111, 120 n.e. 198 (1918)].. in dongwoo mann+hummel co. ltd. v. mann+hummel gmbh, [2008]. sghc67 the high court of singapore held:81. 131. in pt asuransi jasa indonesia (persero) v dexia bank sa [2007]. 1 slr597( pt asuransi jasa indonesia (persero) ), the ..... policy and is required to be adjudged void. 16. given this interpretation of the law, insofar as section 34 was concerned, this court, in dda v. r.s. sharma and co., (2008) 13 scc80 summarised the law as it stood at that point of time, as follows: 21. from the above decisions, the following ..... principles emerge: (a) an award, which is (i) contrary to substantive provisions of law; or the provisions of the arbitration and conciliation act, 1996; or (ii) .....

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Oct 24 2013 (SC)

Balram Prasad Vs. Kunal Saha and ors.

Court : Supreme Court of India

..... cannot be assessed in a personal injury case with any pretence of accuracy until the condition of the plaintiff has stabilised, and b) subject to the provisions of the supreme court act 1981, s.32a when that section is brought into force, when damages are assessed they are assessed once for all in relation to both actual past and anticipated future loss ..... of the claimant that the national commission has completely failed to award just compensation due to non consideration of all the following critical factors:1. the guidelines provided by supreme court: this court has provided guidelines as to how the national commission should arrive at an adequate compensation after consideration of the unique nature of the case.2) status and qualification of ..... paid to the claimant, within eight weeks and submit the compliance report. j.[chandramauli kr. prasad]. j.[v. gopala gowda]. new delhi, october 24, 2013.-.---------------------- [1]. (2009) 9 scc221[2]. (2008) 4 scc162[3]. (2002) 6 scc281[4]. [5]. (2009) 6 scc1[6]. (2009) 14 scc1[7]. (2001) 8 scc197[8]. (2001) 8 scc151[9]. (2011) 14 scc481[10]. (2011)12 ..... . usha rajkhowa v. paramount industries, |rs.5,000 | |(2009) 14 scc71| | |15. laxmi devi v. mohammad. tabbar, (2008) 12 |rs.5,000 | |scc165| | |16. andhra pradesh state road transport |rs.5,000 | |corporation v. m. ramadevi, (2008) 3 scc379| | |17. state of punjab v. jalour singh, (2008) 2 |rs.5,000 | |scc660| | |18. abati bezbaruah v. dy. director general, |rs.3,000 | |geological .....

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Jul 01 2015 (SC)

Petroleum and Natural Gas Regul.Board Vs. Indraprastha Gas Ltd. and Or ...

Court : Supreme Court of India

..... or requiring the respondents to disclose the entire tariff and the compression charges to its consumers, is not in consonance with the petroleum and natural gas regulatory board act, 2008 (for brevity the act ), and accordingly quashed the same.2. the facts which are essential to be adumbrated are that the respondent invoked the jurisdiction under article 226 of the constitution ..... board has the power, and indeed the duty, to fix the network tariff and compression charges (which are nothing but the transportation rate/transportation tariff) under the act. (d) the high court has committed gross illegality in its analysis while stating that the board is not empowered to fix any component of network tariff or compression charge for any entity such ..... omission, which can only be done by parliament. in our opinion, legislative surgery is not a judicial option, nor a compulsion, whilst interpreting an act or a provision in the act. the observations made by this court in nalinakhya bysack[12]. would tend to support the aforesaid views, wherein it has been observed as follows: 9. it must always be borne in ..... then give effect to that intention. after ascertaining the legislative intention as reflected in the forty-second report of the law commission and the report of the jpc, this court is only harmoniously construing the provisions of chapter xxxvi along with other relevant provisions of the criminal procedure code to give effect to the legislative intent and to ensure that its interpretation .....

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Dec 16 2015 (SC)

Reserve Bank of India Vs. Jayantilal N. Mistry

Court : Supreme Court of India

..... of confidentiality of sensitive information , there is a need to harmonise these conflicting interests. it is submitted that certain exemptions were carved out in the rti act to harmonise these conflicting interests. this court in central board of secondary education and anr. vs. aditya bandopadhyay and ors, (2011)8 scc497 has observed as under:- when trying to ensure ..... , page41) defines fiducial relation thus : there is a technical distinction between a fiducial relation which is more correctly applicable to legal relationships between parties, such as guardian and ward, administrator and heirs, and other similar relationships, and confidential relation which includes the legal relationships, and also every other relationship wherein confidence is rightly reposed and is exercised. ..... by fraudsters and hence an advisory note was issued to the concerned branch on december 2007 for its irregularities. the finance minister even mentioned that in the year 2008 the icici bank ltd. was also warned for alleged irregular dealings in securities in hong kong. hence, the respondent sought such advisory note as issued by the ..... banking system, the rbi has discretion in the disclosure of such information in public interest.24. mr. andhyarujina, learned senior counsel, referred various decisions to the high court and submitted that the disclosure of information would prejudicially affect the economic interest of the state. further, if the information sought for is sensitive from the point of .....

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Jan 21 2009 (FN)

Pearson Vs. Callahan

Court : US Supreme Court

..... the past eight years, have not been reticent in their criticism of saucier s rigid order of battle. see, e.g. , purtell v. mason , 527 f. 3d 615, 622 (ca7 2008) ( this rigid order of battle has been criticized on practical, procedural, and substantive grounds ); leval, judging under the constitution: dicta about dicta, 81 n. y. u. l. rev. 1249, 1275 ..... v. johnston , 184 wis. 2d 794, 518 n. w. 2d 759 (1994). it had been accepted by every one of those courts. moreover, the seventh circuit had approved the doctrine s application to cases involving consensual entries by private citizens acting as confidential informants. see united states v. paul , 808 f. 2d, 645, 648 (1986). the sixth circuit reached the same conclusion ..... pearson v. callahan - 07-751 (2009) syllabus october term, 2008 pearson v. callahan supreme court of the united states pearson et al. v . callahan certiorari to the united states court of appeals for the tenth circuit no. 07 751.argued october 14, 2008 decided january 21, 2009 after the utah court of appeals vacated respondent s conviction for possession and distribution of drugs, which he sold ..... of state law is also of doubtful precedential importance. as a result, several courts have identified an exception to the saucier rule for cases in which resolution of the constitutional question requires clarification of an ambiguous state statute. egolf v. witmer , 526 f. 3d 104, 109 111 (ca3 2008); accord, tremblay v. mcclellan , 350 f. 3d 195, 200 (ca1 2003); ehrlich v .....

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Feb 13 2017 (SC)

Nidhi Kaim and Anr. Vs. State of M P and Ors Etc

Court : Supreme Court of India

..... and legal resources, in a given case, was the foundation for invocation of article 142. learned counsel ventured to clarify, that in doing complete justice, whilst a court would not act in disregard to binding provisions of law, the said restraint was applicable only with reference to an available statutory regime/scheme. thus viewed, whenever there was an ..... were not successful in gaining admission to prestigious courses (- or, in acclaimed institutions). and therefore it was highlighted, that parents also derived great pleasure and satisfaction, when their wards gained admission to important courses, and/or in prestigious institutions. children as also parents, therefore, strive for societal recognition, when they compete for admission to professional courses. it ..... not, this vitiated process of obtaining admission to the mbbs course, was adopted during the year 2007, and prior thereto, is not known. because, mbbs admissions prior to 2008, were not investigated. investigation was initiated in the first instance, with reference to admissions, for the year 2013. thereafter, investigation was extended to those, who had gained admission ..... for the preceding years, as well. this led to the cancellation of the admission of the appellants (and others, similarly situated as them), in respect of admissions during 2008 to 2012. it was submitted, that the present controversy, should be viewed from the aforestated background (and perspective).39. it was emphasized, by learned counsel, that the .....

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Feb 12 2016 (SC)

Pepsico India Holding P.Ltd. Vs. Grocery Market and Shops Board and Or ...

Court : Supreme Court of India

..... this appeal, the fact situation is that the appellant company is manufacturing soft drinks being aerated water and bottled water. a state government order dated 18.8.2008 made under section 5 of the act rendered the following finding:- 5. the government has perused all the case papers and considered the above circumstances. after examining all the aspects of the case the ..... also referred in some detail to bhuwalka steel industries limited v. bombay iron & steel labour board, (2010) 2 scc273to buttress his proposition that this court, following the full bench of the bombay high court, has construed the 1969 act as a welfare legislation, and having regard to its object has expressly stated that employers should realise their social obligations qua this segment of ..... worker who is engaged or to be engaged in any scheduled employment, irrespective of whether or not he is protected by other labour legislations. this court referred to the objects and reasons for the 1969 act in the following terms: the statement of objects and reasons mentions that report was made by the committee to the government on 17.11.1967. in ..... the maxim contemporanea expositio could be invoked in construing the word telegraph line in the act. (at 156,157) 28. we thus find that the high court was absolutely correct in not interfering with the state government order dated 18.8.2008 and in dismissing the writ petition filed by the appellant company. for the same reasons given in civil appeal no.10000 .....

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Nov 04 2015 (HC)

M.R. Ajayan Vs. State of Kerala, represented by The Chief Secretary To ...

Court : Kerala

..... catch such dogs, suspected to be rabid. (2) the caught dog would then be taken to the pound where it would be isolated in an isolation ward. (3) the suspected rabid dog would then be subjected to inspection by a panel of two persons i.e. (i) a veterinary surgeon appointed by ..... the central legislation shall prevail. however, every attempt should be made to reconcile the conflict. to the similar effect is another judgment of the apex court in bar council of india v. board of management, dayanand college of law and others [(2007) 2 scc 202] wherein it was held that ..... the human beings. petitioner refers to a complaint submitted to the grama panchayats and corporations. petitioner also relies on the division bench judgment of this court in animal welfare board of india and another v. ombudsman for local self government institutions and others (2006 khc 561) where the division bench has ..... referred to. instances of domestic animals bitten by stray dogs have also been mentioned. in this public interest litigation various individual complaints sent to this court to treat as public interest litigation have also been tagged under orders of the chief justice. several individuals have also filed applications stating that people ..... follow the 1960 act and the 2001 rules. it is further stated that the issue is engaging the attention of the apex court in special leave petition no.691 of 2009 arising from the judgment and order of the full bench of the bombay high court dated 19.12.2008 in aswp no.6257 .....

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Mar 04 2010 (TRI)

P.V. Abraham and Others Vs. the Chairman and Managing Director, Bharat ...

Court : Central Administrative Tribunal CAT Ernakulam

..... as jtos afresh so that the claim of eligible candidates could be considered. while disposing of the aforesaid cwp the high court, vide annexure a-11 judgment dated 30.5.2008, directed the respondents to restore the posts diverted from direct recruitment quota to 35% departmental quota to admit telecom technical assistants ..... to judicial review in different high courts except that it does not have different benches like one we have already referred to above. however, somewhat similar situation had arisen and the ..... , however, if the order of the commission affects a party residing anywhere in india, such party can in- voke the jurisdiction of the high court exercising the jurisdiction over that area with respect to the orders of the commission. thus, like this tribunal the orders of the commission are subject ..... the bsnl and, therefore, annexure a-8 and annexure a-10 are liable to be set aside by this tribunal and it also cannot be acted upon as an authoritative precedent as it does not lay down the correct legal position for the following reasons :- "1. the writ petitioners before ..... the recognised trade unions was in the form of a settlement under the industrial disputes act, brought into force and implemented. the said settlement/agreement is binding on both the parties. 11. the hon'ble court as evident from its observations in the concluding part of page 7 and the 2nd .....

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Nov 01 2017 (SC)

Venture Global Engineering Llc Vs. Tech Mahindra Ltd &Amp; Anr Etc

Court : Supreme Court of India

..... by a reported judgment in venture global engineering vs. satyam computer services ltd. & anr., (2008) 4 scc190(hereinafter referred to as venture-i ). this court, inter alia, held that: (i) venture was entitled to challenge the award in indian courts as the provisions of part i of aac act will apply to the award in the light of law laid down in bhatia international ..... ) be set aside in exercise of the power under section 34 of the arbitration and conciliation act, 1996 (hereinafter referred to as the aac act ). o.s. no.87 of 2012 was transferred to the court of chief judge, city civil court, hyderabad and re-numbered as o.p. no.390 of 2008.4. by order dated 31.01.2012, o.p. no.390 of ..... in venture-i, the ist additional chief judge, city civil court, secunderabad transferred o.s. no.80 of 2006 to the court of 2nd additional chief judge city 7 civil court at hyderabad. the suit was converted into an application under section 34 of the act and was renumbered o.p. no.390 of 2008. the suit/o.p. as originally filed was based on ..... venture i, the ist addl. chief judge, city civil court, secunderabad transferred o.s. no.80 of 2006 to the court of 2nd additional chief judge, city civil court of hyderabad. the suit was then converted into an application under section 34 of the act and was renumbered as o.p. no.390/2008.35. on 07.01.2009, b. ramalinga raju-chairman 19 and .....

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