Court : US Supreme Court
Decided on : Jan-21-2009
..... 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 .....Tag this Judgment!
Court : House of Lords
Decided on : Jul-30-2009
..... 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
Decided on : Aug-25-2009
Reported in : AIR2010SC433; 2010(1)AWC253(SC); JT2009(11)SC311; 2009(11)SCALE731; 2009(9)LC4025(SC):2009AIRSCW6953
..... whether notings recorded in the file would constitute civil or criminal contempt within the meaning of section 2(b) and (c) of the contempt of courts act observed as under:14. now, the functioning of government in a state is governed by article 166 of the constitution, which lays down that there ..... and the chief minister, the state government must be deemed to have withdrawn from the acquisition within the meaning of section 48(1) of the act. this court noted that the society, which claims to have purchased 525 bighas of land from khatedars, represented the government to de- notify the land. the ..... (3) scc 399 and s.n. chandrasekhar v. state of karnataka : 2006 (3) scc 208.53. unfortunately, despite repeated judgments by the this court and high courts, the builders and other affluent people engaged in the construction activities, who have, over the years shown scant respect for regulatory mechanism envisaged in the municipal and ..... bachhittar singh v. the state of punjab (1962) supp. 3 scr 713, in the backdrop of the argument that once the revenue minister of pepsu had recorded a note in the file that the punishment imposed on the respondent be reduced from dismissal to that of reversion, the same could not ..... scc 77; state of kerala and ors. v. k. prasad and anr. : (2007) 7 scc 140; punjab state electricity board and ors. v. gurmail singh : (2008) 7 scc 245 and panchi devi v. state of rajasthan and ors. : (2009) 2 scc 589.52. before concluding, we consider it necessary to enter a caveat. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-03-2009
Reported in : AIR2010SC972; 2010(1)AWC7(SC); 2009(14)SCALE303; (2010)1SCC409; 2009(10)LC5090(SC)
..... act, 1940 the court jurisdiction of the court is limited. it has also been noticed that the court cannot hear the objections against the award as an appellate court, as the arbitrator is the final arbiter of the dispute referred to him. after noticing the legal position ..... corporation v. central warehousing corporation it was held:at the outset, it should be noted that the scope of interference by courts in regard to arbitral awards is limited. a court considering an application under section 30 or 33 of the act, does not sit in appeal over the findings and decision of the arbitrator. nor can it re-assess or re-appreciate ..... on the point in issue. it is further observed that the arbitrator has passed the award giving reasons in detail. therefore it cannot be said that the arbitrator has acted beyond the scope of reference.9. the civil court took due notice of the settled propositions of law that at the time of hearing of objections under section 30 of the arbitration ..... arbitrator is final and the only grounds on which it can be challenged are those mentioned in sections 30 or 33 of the act. therefore, on the contentions urged, the only question that arose for consideration before the high court was, whether there was any error apparent on the face of the award and whether the arbitrator misconducted himself or the proceedings .....Tag this Judgment!
Court : Delhi
Decided on : Feb-24-2009
Reported in : AIR2008Delhi1992; 2008(2)ALD(Cri)547
..... ' for its school as a goenka public school from the publication of their advertisement in hindustan times news paper dated 11.11.2008.10. by order dated 12th december, 2008 this court has passed an ex parte ad interim injunction restraining the defendant society from offering its service in the field of education, under ..... for passing off is a common law remedy being an action in substance of deceit under the law of torts. wherever and whenever fresh deceitful act is committed the person deceived would naturally have a fresh cause of action in his favour. thus every time when a person passes off his ..... injunction in certain circumstances. in the present case, we are dealing with a statutory right based on the provisions of the trade and merchandise marks act, 1958. an exclusive right is granted by the registration to the holder of a registered trade mark. we do not think statutory rights can be ..... my view violation of the exclusive statutory rights is illegal activity, to hold otherwise will negate the statutory provisions of the trade and merchandise marks act.44. validity of the trade mark cannot be challenged in an action of infringement in the case of 1999 ptc 81 it was held as ..... of over two decades in the field of imparting education, real estate, travel, tourism and plaintiff no. 2 is a company incorporated under the companies act, 1956 and is engaged in the field of imparting education under the license from first plaintiff. in 1994, plaintiffs opened 'g.d. goenka public school .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-15-2009
Reported in : 2009(111)BomLR2371
..... u.p. and ors. v. maharaja dharmander prasad singh etc. reported at : 1scr176 , particularly paragraph 28 to urge that the petitioner is expecting this court to act as an appellate authority and this court cannot re- appreciate the evidence and record any finding in that respect. he, therefore, states that in the present circumstances, when the scrutiny committee has reached ..... this is the third writ petition filed by the petitioner in same cause. the petitioner has contested election from ward no. 8 of socorro village and has been elected as member or pancha of village panchayat. this court has, on 18.12.2008, granted ad interim orders whereby the invalidation of his caste claim by respondent no. 1 scrutiny committee for verification ..... caste certificate was given to petitioner without any application of mind by the authorities. the authorities like talathi did not record any statements of the neighbours or relatives and acted only on affidavit filed by petitioner and information supplied by him. we find that his application therefor was itself incomplete and could not have been entertained in normal situations. ..... also pointed out to urge that it does not overrule the view of learned single judge and takes other view of the matter only because of subsequent enactment i.e. act no. xxiii of 2001 i.e. maharashtra scheduled castes, scheduled tribes, de-notified tribes, (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance & .....Tag this Judgment!
Court : Chennai
Decided on : Jan-20-2009
Reported in : 2009CriLJ3114; (2009)222CTR(Mad)470; 309ITR277(Mad); 179TAXMAN212(Mad)
..... the petitioner have not reached finality; the assessee has filed a tax case in tax case sr nos. 35552 to 35556 of 2008 on 22-4-2008 before this court with a petition to condone the delay and such delay is yet to be condoned. basing reliance on the pendency of the tax ..... the provisions of chapter xv mentioned above....it is, thus, clear that the complaint by private person and the complaint by court or public servant acting or purporting to act in the discharge of his duties have been put on different pedestal in the scheme of the code and without recording any ..... when the tax case will be finally disposed of and therefore submitted that when the disposal of the proceedings under the act namely the tax case pending before this court is not imminent there is no scope for either adjourning or postponing the hearing of the criminal case. he further pointed ..... therefore, quashed the prosecution. in p. jayappan v. s.k. perumal first ito : 149itr696(sc) this court observed that the pendency of the reassessment proceedings under the act cannot act as a bar to the institution of the criminal proceedings and postponement or adjournment of a proceedings for unduly long period on ..... complaint; a mere perusal of the allegations contained in the complaint prima facie reveals the ingredients of the offence under section 35(b) of the act and therefore the cognizance taken by the learned magistrate is in accordance with law. in support of his contentions the learned special public prosecutor relied .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-08-2009
Reported in : 2009(111)BomLR2263
..... lease area or that it is otherwise a private road owned by the petitioners, the access claimed by the respondent cannot be disallowed by any court. consequently, if the acts alleged by the respondent in his criminal complaint no. 40/p/89 and the corroborative statements of his witnesses can be rejected outright only if ..... since no case is made out against the accused, who was the manufacturer of the bottle under section 7 of the prevention of food adulteration act, 1954. the supreme court considered that the complaint merely showed that that accused had only given their brand name for bottling the beverage. the complaint did not show ..... of this country to redress a criminal wrong done to him. indeed, if the initiation of the criminal process itself is an abuse of the court, the court would have an inherent power to put an end to the abuse by quashing that process.24. the facts of this case have shown that there ..... law in so abusive a manner. the petitioners filed a revision against the order issuing process on 10.12.2007. by the order dated 5.3.2008, the revision came to be rejected upon it being seen that the process was issued since a cognizable offence was made out. the petitioners have set ..... in criminal case no. 20/p/2005 and the order of the ad-hoc additional sessions judge, fast track court at panaji in criminal revision application no. 89 of 2007 dated 5.3.2008.2. the parties have been involved in a series of litigation by and between them essentially of civil nature pursuant .....Tag this Judgment!
Court : Delhi
Decided on : Oct-15-2009
Reported in : 187TAXMAN111(Delhi)
..... that the tribunal has not given reasons. an pointed out above, the tribunal has not only referred to the judgments of the supreme court and bombay high court interpreting the powers of the tribunal under section 254 of the act, it also specifically stated that the issues, which were sought to be raised in the additional grounds arise out of tax proceedings of ..... have already been answered above.another ground relates to exclusion of excise duty for purchase of calculating total turnover for section 80hhc of the act. this is covered against the revenue in a judgment by the supreme court in the case of commissioner of income tax, coimbatore v. lakshmi machine works : 290 itr 667.39. therefore, no substation question of law arises ..... the necessary jurisdiction to allow the additional grounds and decide such questions in exercise of its powers under section 254 of the act. it laid down the parameters under which such a power could be exercised. as per the supreme court if the facts are available on record, i.e., found by the income tax authorities and those have bearing on the ..... the ao was to deal with this expenditure applying the provisions of the income tax act. she further submitted that there was no concept of 'deferred revenue expenditure'. she referred to the judgment of the supreme court in the case of travancore cochin chemicals ltd. v. commissioner of income tax, kerala : 106 itr 900, as per which such an expenditure had to .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-10-2009
Reported in : 2009(5)ALT58
..... shall not give right to the exclusive use by the plaintiff of the expression steel and 'i' in circle. under section 17(2) of the trade marks act, 1999 when a trade mark contains any part (i) which is not the subject of a separate application by the proprietor for registration as a trade mark ..... condition of deposit of the amount, an appeal was filed by the first defendant before the supreme court in s.l.p.(civil) no. 18109 of 2007 and it was dismissed on 18-1-2008 by the supreme court without expressing any opinion on merits in view of subsequent event i.e., trial being proceeded in ..... notice of opposition on 27-5-2005 under sections 21(1), 64, 66, 73 and rules 47(1), 131(1) and 138(1) of trade marks act, 1999. the plaintiff became aware of the attempt to use the mark 'vizag' and symbol 'i' by the first defendant as a trade mark when it ..... 2001 and it is valid till march, 2007. the trade mark has been given initially by the registrar of the trade marks under trade and merchandise marks act, 1958. it is in respect of common metals and their alloys, metal building materials, transportable buildings of metal, materials of metal for railway tracks, nonelectric ..... ) having its steel plant at visakhapatnam, the plaintiff is a fully owned government of india undertaking, and is a company registered under the provisions of companies act, 1956, and it is popularly known as visakhapatnam steel plant and is india's most modern shore based integrated steel plant. the plaintiff's company has conceived .....Tag this Judgment!