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The Child Poverty Action Group (Respondent) Vs. Secretary of State for ...

Court : UK Supreme Court

Subject : Land Acquisition

In cases like that is the Secretary of State permitted to seek recovery of such overpaid benefits at common law or is the exclusive route to recovery that provided by section 71 of the 1992 Act? The judge … had been overpaid, but where there had been no misrepresentation or non-disclosure, indicating that the Department had a common law right of action to recover the overpayment. The letters were in substantially standard form accompanied by a document

Carter Vs. United States

Court : US Supreme Court

Subject : Land Acquisition

§§2113(a) and (b). Although more substantial, Carter's second argument-that, insofar as §§ 2113(a) and (b) are similar to common-law robbery and larceny, the Court must assume that they require the same elements as their common-law predecessors, absent … similar to common-law robbery and larceny, the Court must assume that they require the same elements as their common-law predecessors, absent Congress' affirmative indication of an intent to displace the common-law scheme-is also unavailing because the canon

Consolidated Rail Corporation Vs. Gottshall

Court : US Supreme Court

Subject : Land Acquisition

that most States limit recovery for negligent infliction of emotional distress through the application of one or more common-law tests. The court declared, however, that there is a fundamental tension between such restrictive tests and FELA's liberal … for evaluating FELA claims for negligent infliction of emotional distress must be derived from FELA principles and relevant common-law doctrine. Pp. 541-549. (a) This Court's FELA jurisprudence outlines the proper analysis for determining whether, and to what

Pulliam Vs. Allen

Court : US Supreme Court

Subject : MRTP

a judicial officer, such as petitioner, acting in her judicial capacity. Pp. 466 U. S. 528 -543. (a) Common law principles of judicial immunity were incorporated into the United States judicial system, and should not be abrogated absent … and should not be abrogated absent clear legislative intent to do so. Although there were no injunctions against common law judges, there is a common law parallel to the § 1983 injunction at issue here in the collateral

Bell Vs. United States

Court : US Supreme Court

Subject : Land Acquisition

embraces all felonious takings -- including obtaining money under false pretenses. Held: Section 2113(b) is not limited to common law larceny, but also proscribes petitioner's crime of obtaining money under false pretenses. Pp. 462 U. S. 358 -362. … pretenses. Pp. 462 U. S. 358 -362. (a) The statutory language does not suggest that it covers only common law larceny. The language "takes and carries away" is traditional common law language, but represents only one element of

Shirish Finance and Investment (P.) Ltd. Vs. M. Sreenivasulu Reddy

Court : Mumbai

Subject : Company

Acts : Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1994 - Regulations 2, 2(1), 2(2), 3, 3(1), 4, 5, 5(1), 6, 9, 9(1), 9(2), 9(3), 10, 10(1), 10(2), 11, 12, 13, 14, 14(1), 15, 16, 16(1), 17, 18, 19, 20, 20(1), 20(2), 20(3), 21, 21(1), 21(2), 21(3), 21(4), 22, 23, 33, 33(2), 34, 36, 37, 37(2) and 39; Companies Act, 1956 - Sections 2, 2(11), 6, 7(1), 9(2), 10, 11, 11(2), 11B, 12, 15H, 15K, 15T(2), 15Y, 15Z, 16(2), 18(5), 20, 20A, 21, 24, 27, 27(3), 28, 30, 32, 38, 87, 108, 111, 111(4), 111(5), 111(7), 111(9), 111(10), 111(12), 111(14), 111A, 111A(2), 111A(3), 111A(5), 155, 155(1), 155(3), 169, 397, 398, 538, 545, 630 and 630(1); Transfer of Property Act, 1882 - Sections 6; Indian Contract Act - Sections 23 and 57; Securities and Exchange

Reported in : 2002(1)BomCR419

extent so as to infringe the jurisdiction of the SEBI. That, prima facie, a suit was maintainable in common law for rectification of the company's membership register. The consequential decision on disinvestment, however, will have to be arrived … action and not a derivative action. The right to claim rectification of register ofmembers of the company was common law right and, therefore, the plaintiffs could maintain a suit for rectification of register of members. (e) The plaintiffs

City of Milwaukee Vs. Illinois

Court : US Supreme Court

Subject : Education

and discharges of inadequately treated sewage from their treatment plants, this Court recognized the existence of a federal "common law" which could give rise to a claim for abatement of a nuisance caused by interstate water pollution, but … Accordingly, Illinois filed suit (and respondent State of Michigan intervened) in Federal District Court seeking abatement, under federal common law, of the public nuisance petitioners were allegedly creating by their discharges. Five months later, Congress passed the Federal

Total Network Sl (a Company Incorporated in Spain) (Original Responden ...

Court : House of Lords

Subject : Service Tax

first is whether it is open to the Commissioners to maintain a cause of action in damages at common law as a means of recovering VAT from a person who has not been made accountable or otherwise liable … bank account in the United Kingdom. The Commissioners claim that Total is liable to them in damages at common law for conspiracy in sums equivalent to amounts of VAT which the Commissioners say they have lost as a

Medtronic, Inc. Vs. Lohr

Court : US Supreme Court

Subject : Land Acquisition

respect to Parts I, II, III, V, and VII, concluding that the MDA does not pre-empt the Lohrs' common-law claims. Pp. 484-486; 492-502; 503. (a) While the Court need not go beyond § 360k(a)'s pre-emptive language to … joined by JUSTICE KENNEDY, JUSTICE SOUTER, and JUSTICE GINSBURG, concluded in Part IV that Medtronic's argument that any common-law cause of action is a "requirement" under § 360k(a) is implausible, for it would grant complete immunity from

United States Vs. Texas

Court : US Supreme Court

Subject : Land Acquisition

the United States, arguing, inter alia, that the Debt Collection Act of 1982 (Act) abrogated the United States' common-law right to collect prejudgment interest on debts owed to it by the States. The District Court granted summary … the United States, but the Court of Appeals reversed. Held: The Act left in place the States' federal common-law obligation to pay prejudgment interest on debts owed to the Federal Government. Pp.533-539. (a) It is a longstanding