Latest Cases

Mcconkey and Another (Appellants) Vs. the Simon Community (Respondents ...

Court : House of Lords

.....had been guilty of crimes of violence, but because of a political opinion lying behind those crimes. what opinion? since the tribunal found as a fact that the community would have treated loyalists with the same criminal record in the same way, the appellants cannot say that they were discriminated against on the ground of their support for the republican cause. rather, they say that they were refused employment because of their former opinion, approving the use of violence to advance republican political ends in northern ireland. 12. at this point, i must examine article 2(4) and article 3(1) of the order in a little more detail. 13. when article 3(1) refers to discrimination on the ground of religious belief or political opinion, it must cover both present and past religious belief or political opinion. i can no more refuse to employ you because you were formerly a member of a protestant church than because you are now a member of the roman catholic church. the same applies to political opinions. again, that is accepted by both parties. 14. by virtue of article 2(4), the term “political opinion” in article 3(1) does not refer to an opinion consisting of, or.....

R (on the Application of G) (Fc) (Appellant) Vs. London Borough of Sou ...

Court : House of Lords

.....towards this challenging age group by passing them over to the local housing authorities.” 6. it is worth noting that neither the factual nor the legal problem was likely to arise before 2002. before then, there was little prospect of a 16 or 17 year old being independently accommodated under the homelessness legislation. local housing authorities only have a duty under the 1996 act to “secure that accommodation is available” where they have reason to believe that the applicant “may . . . have a priority need” (for the interim duty to accommodate under section 188(1)) or are satisfied that he does have a priority need (for the longer term duty under section 193). while people with dependent children were expressly listed among those with priority need under section 189(1)(b), children themselves were not and so could only qualify if they were regarded as “vulnerable as a result of . . . other special reason” under section 18(1)(d). under the homelessness (priority need for accommodation) (england) order 2002 (si 2002/2051), article 3, however, children aged 16 and 17 were expressly included in the list. so there was now a.....

Odelola (Fc) (Appellant) Vs. Secretary of State for the Home Departmen ...

Court : House of Lords

.....in the immigration rules, submits mr drabble, constitutes subordinate legislation repealing an earlier such enactment. 16. before turning to the facts of the case it is convenient next to set out the sections of the 1971 act which continue to this day to make provision for the immigration rules. section 1(4) refers to the rules as “the rules laid down by the secretary of state as to the practice to be followed in the administration of this act for regulating the entry into and stay in the united kingdom of persons not having the right of abode” and makes some general provision as to their content. 17. section 3(2) provides: “the secretary of state shall from time to time (and as soon as may be) lay before parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this act for regulating the entry into and stay in the united kingdom of persons required by this act to have leave to enter, . . . if a statement laid before either house of parliament under this subsection is disapproved by a resolution of that house passed within the period of 40 days beginning with the date of.....

Smith (Appellant) Vs. Northamptonshire County Council (Respondents)

Court : House of Lords

.....used by the appellant at work for the purposes of the regulations. waller lj said that each case will turn on its own facts. the most significant factors in this case were that the ramp had been installed by people other than the council’s own employees, that the council had no ability to maintain it and that in ordinary parlance it was part of mrs cotter’s premises: para 34. the appellant now appeals against that decision to this house. 4. while it is, of course, true that each case will turn on its own facts, her appeal raises a question of general public importance. how are the provisions of the 1998 regulations which determine its application to be construed in a case of this kind without producing results that, having regard to the purpose they were intended to serve, are excessively burdensome? it is important to bear in mind however that the purpose of the regulations is to promote health and safety. in other words, they are there primarily to promote a culture of good practice with a view to preventing injury. the 1998 regulations 5. the head note to the 1998 regulations states that they were made by the secretary of state in the exercise of powers.....

M/S. Darshan Industrial Roadways, Mumbai and M/S. Dashmesh Roadlines, ...

Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

.....mental agony and rs.2,000/- towards cost to the complainant. dissatisfied by the said award, org. complainant himself has filed this appeal. the facts given rise to this appeal are as under :- the complainant had purchased a flat situated at kolbad road, thane plot no.31 from one mr.s. ekambaram and an agreement for sale dated 18/01/2001 was executed between the parties. the total cost of the flat was rs.6 lakhs. out of which rs.11,000/- was paid by the complainant and he decided to pay balance amount of rs.5,89,000/- by obtaining a loan from the o.p./bank. the complainant further states that he approached to the o.p. for sanction of loan and accordingly, o.p. sanctioned loan of rs.4,65,000/-. the complainant further stated that he mortgaged original agreement for sale as security against the said loan with o.p. in the month of october 2004, representative of o.p. met in the office of the complainant and informed that the original agreement for sale, which was given as security to the o.p. was not available with the respondent. the complainant further stated that he made several requests to the o.p. for giving him original agreement for sale. but, o.p. did not respond to the.....

Mr. Cajetan Dennis Estibeiro, Kandivali (W), Mumbai and Others Vs. M/S ...

Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

.....to clear its dues and procure no objection certificate from the society. society was demanding maintenance charges from the complainant when in fact complainant had not taken possession of the flat and was not occupying flat in the year 2003 to 2006 for which period the society was claiming maintenance charges. so, society as well as o.p.nos.1and2 were surely guilty of deficiency in service and unfair trade practice. they were hand in gloves just to harass complainant like anything. taking all these facts into account, the forum below passed reasonable order in partly allowing complaint and directing o.p.nos.1and2 to pay a sum of rs.3,68,000/- plus rs.54,000/- to the complainant and also directed o.p.nos.1and2 to pay rs.10,000/- towards mental agony and rs.1,000/- towards cost and directed o.p.no.3/society not to recover any dues from the complainant till he was put in possession by the builder. the order passed by forum below so far as o.p.nos.1and2 is concerned is appearing to be just, proper and sustainable in law. the forum below has rightly passed order against o.p.nos.1and2, who were resorting to unfair trade practice and were certainly guilty of deficiency in service......

Lt. Cdr (Retd.) Hakim Singh Naurata Singh Navi Mumbai Vs. Senior Manag ...

Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

.....in case same is not paid within 45 days from the date of order, org. complainant himself has filed this appeal for enhancement of compensation. the facts to the extent material may be stated as under:- according to the complainant, he was having saving bank account no.2379 in the canara bank. on 07/12/2005 he received a letter from canara bank that he had taken loan on fixed deport receipt no.2851 and this fixed deposit receipt was getting matured on 22/12/2005 and if the loan is not paid, amount payable shall be debited towards loan account. according to the complainant, this letter was absolutely false and he had not taken any loan on the fixed deposit. fixed deposit receipt was not having any entry about the loan taken and for 29 months, o.p. bank had not given any idea that the fixed deposit was having loan as alleged. hence, he sent a letter. on 13/02/2006 bank sent a reply. but, complainant filed consumer complaint alleging deficiency in service and unfair trade practice on the part of the bank officials. he also alleged that because of deficiency in service, he was required to suffer huge amount of mental agony and was required to send so many letters to the bank. hence,.....

Smt. Kunti Devi and ors. Vs. Guru Ram Vishwakarma (Madhukar) and ors.

Court : Allahabad

Reported in : 2009(3)AWC2628

.....in the possession of the plaintiff over the land in dispute.4. in the application under order vii. rule 11 of c.p.c, it was stated that in fact plaintiff was claiming declaration of his rights under the guise of relief of permanent injunction.5. the plaintiff respondent no. 1 filed objections and contended that land in dispute was allowed to him and it was also mutated in the revenue records in his name through order dated 21.12.1963 which was subsequently found to be correct.6. in the plaint it was also stated that over the land in dispute plaintiffs hut and other constructions were standing and that he had obtained the land through deed dated 26.8.1962 from one chaudhari mahavlr singh, zamindar. defendants denied execution of any patta by zamindar in favour of the plaintiff and claimed that they had purchased the land in dispute through registered sale deed dated 7.6.1972 from its tenant mithai lal and that constructions and hut standing over the land in dispute did not belong to the plaintiff but to the defendant.7. the trial court held that through order dated 13.2.1991 it had been directed that the said question would be decided alongwith other issues after the.....

Guru Nanak Dev Ji Maharaj Vs. Roza Power Supply Company and ors.

Court : Allahabad

Reported in : 2009(3)AWC2871

.....contended before this court that the order impugned has been passed ex barte without considering the case of the appellant in spite of recording the fact that the appellant is co-sharer of the property. he further contended that non-compliance of the provisions of order xxxix, rule 3 of c.p.c. is fatal, for which appellate court can interfere and set aside such interim order so passed by the trial court. he then contended that the appellant has also filed an application vacating the interim order on 8th may, 2009 which is pending for consideration by the trial court. he also contended that the provisions of order xxxix, rule 3 of c.p.c. are clearly attracted in this case particularly in view of the ratio of the judgment in shiv kumar chadha v. municipal corporation of delhi and ors. : (1993) 3 scc 161, where supreme court held as follows:33. it has come to our notice that in spite of the aforesaid statutory requirement, the courts have been passing orders of injunction before issuance of notices or hearing the parties against whom such orders are to operate without recording the reasons for passing such orders. it is said that if the reasons for grant of injunction are mentioned,.....

Om Prakash Awasthi Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2009(4)AWC3189

.....writ petition no. 44499 of 2007 and as such they were heard together and are being disposed of by this order.2. shorn of unnecessary details, the facts giving rise to these appeals are that om prakash awasthi--writ petitioner-appellant (hereinafter referred to as 'the appellant') offered his candidature for appointment as assistant teacher on ad hoc basis in c.a.s. intermediate college, fareedpur, bareilly (hereinafter referred to as 'the college') in response to an advertisement dated 8th of june, 1998 as provided under u.p. secondary education service selection board act, 1982. he was appointed on 6th of july, 1998 as l.t. grade teacher in english on purely ad hoc basis till a regularly selected candidate joins the said post in the college. the committee of management of the college (hereinafter referred to as 'the management') sent requisition on 6th of december, 2005 for filling up seven posts of assistant teacher in l.t. grade including three vacancies of assistant teacher in english in the said grade. the u.p. secondary education (service selection board (hereinafter referred to as 'the selection board') instead of advertising three posts of assistant teacher in english.....