Court : Supreme Court of India
..... placed reliance on the vienna convention and united nations convention against transnational organized crime, 2000140, which state that money-laundering is only committed if the use and/or concealment is for the purposes of concealing or disguising the illicit origin of the property or helping any person who has been involved in the commission of the predicate offence to evade the legal 140 for short, palermo convention or the 2000 un convention ..... section 36ac of drugs and cosmetics act, 1940; section 51a of the wild life (protection) act, 1972; section 6a of the suppression of unlawful acts against safety of civil aviation act, 1982; section 15 terrorist affected areas act (special courts), 1984; section 37 of the narcotic drugs and psychotropic substances act, 1985; section 20 of the terrorist and disruptive activities (prevention) act, 1987; section 8 of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act, 2002; section 212 of the companies act, 2013; and section 12 of the anti-hijacking act ..... jurisdiction of the special court while dealing with the offence under this act, during investigation, enquiry or trial under this act, shall not be dependent upon any orders passed in respect of the scheduled offence, and the trial of both sets of offences by the same court shall not be construed as joint trial; (ii) the complaint shall be deemed to include any subsequent complaint ..... ) act, 1981 (14 of 1981) section description .....
Tag this Judgment!Court : Supreme Court of India
..... gets comprised due to being deprived of freedom, opportunity for personal development, and other rights including health and well-being, education, and participation in civic life and nullifies their basic rights as envisaged in the united nation s convention on the right of the child ratified by india in 1989. ..... gets comprised due to being deprived of freedom, opportunity for personal development, and other rights including health and well-being, education; and participation in civic life and nullifies their basic rights as envisaged in the united nation s convention on the right of the child ratified by india in 1989. ..... in a violation of the provisions of the pocso act, a special court constituted under section 28 of the said act would be the trial court but the ordinary criminal court would be the trial court for an offence under the ipc.48. ..... in our opinion, it is not necessary to detail the contents of every report or study placed before us except to say that there is a strong established link between early marriage and sexual intercourse with a married girl child between 15 and 18 years of age. ..... the court went on to hold 56 (1984) 3 scc316 57 1993 supp (3) scc26858 (1981) 1 scc72259 ( 1996) 2 scc22660 (1996) 3 scc709w.p. ..... in respect of a dispute between the life insurance corporation and its workmen qua workmen, the 27 (1981) 1 scc315w.p. .....
Tag this Judgment!Court : US Supreme Court
..... growing the beets, refining them into sugar, and distributing it under the arrangements set forth as a chain of events so integrated and taking place in interstate commerce or in such close and intimate connection with it that, for purposes of applying the sherman act, the complete sequence is an entirety, and no part of it can be segregated from the remainder so as to put it beyond the statute ..... 297 , we said: "it is true that this court has on occasion determined that local conduct could be insulated from the operation of the anti-trust laws on the basis of the purely local aims of a combination, insofar as those aims were not motivated by the purpose of restraining commerce, and where the ..... being shown to affect interstate commerce adversely to congress' policy, the amount of the nation's sugar industry which the refiners control is irrelevant, so long as control is exercised ..... xix of the amended complaint summarized petitioners' conclusions as follows: "by reason of the foregoing acts of the defendant and its said conspirators, interstate commerce in sugar was illegally restrained, competition therein was not only substantially lessened, but was destroyed, the price of sugar beets was illegally fixed, and an illegal monopoly was established, all in violation of the antitrust laws of the united states to the damage of plaintiffs as aforesaid. ..... 247 on hearing, the trial judge apparently considered that a cause of action would be stated only if the complaint alleged that the growing .....
Tag this Judgment!Court : US Supreme Court
..... we summarized our conclusion in these words: "this legislative history makes evident that congress clearly conceived that it was altering the relationship between the states and the nation with respect to the protection of federally created rights; it was concerned that state instrumentalities could not protect those rights; it realized that state officers might, in fact, be antipathetic to the vindication of those rights; and it believed ..... . [ footnote 2/9 ] section 4 of the sherman act authorized equitable relief in actions brought by united states attorneys; 7 authorized any person injured in his business or property by reason of a violation of the antitrust laws to recover treble damages ..... to secure freedom of trade, to break down the barriers to its free flow, that the annapolis convention was called, only to adjourn with a view to philadelphia. ..... ." [ footnote 2/26 ] "in the first place, it is evident that, in order to qualify under the 'expressly authorized' exception of the anti-injunction statute, a federal law need not contain an express reference to that statute ..... the court also held that, though the trial court erred in striking the affirmative defense based on the federal antitrust laws, it was correct in denying the defense based on the illinois antitrust laws. ..... 58 ill.2d 289, 321 n.e.2d 1, the appellate court was reversed and the trial court's judgments were affirmed. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1994Delhi75; 1993(27)DRJ562; ILR1994Delhi131
..... convention has been given effect to section 1 of the british act provides for the stay of the proceedings in an action where a party can prove a valid agreement which is not a domestic arbitration agreement as defined in section 1(4) thereof, which reads is under : '(4) in this section 'domestic arbitration agreement' means an arbitration agreement which does not provide, expressly or by implication, for arbitration in a state other than the united kingdom and to which neither : (a) an individual who is a national ..... the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties or failing such agreement, was not in accordance with the law of the country where the arbitration took place; or (v) the award has not yet become binding on the parties or has been set aside or suspended by a competent authority of the country in which, or under the law of which, ..... section 202 is that the convention applies to an arbitration agreement between parties out of which at least one of them is not a citizen of the united states, irrespective of the fact whether the place of arbitration is within or outside the united ..... regard to features of the contract which serve as links between the contract and the country with which it is most closely and vitally connected, for example, the place where the agreement has been entered into by the parties, where the same is required to be performed, the seat of the forum where the disputes inter se between the parties have .....
Tag this Judgment!Court : House of Lords
..... united nations ..... be the necessary safeguards in place to satisfy the convention requirement as to "the quality ..... placed on home office circular 038/2004 (july 2004), authorisations of stop and search powers under section 44 of the terrorism act, addressed to chief officers of police, which emphasised that "powers should only be authorised where they are absolutely necessary to support a force's anti ..... section ..... sections ..... section 45(3) of the terrorism act 2000 (which empowers a constable conducting a search under section 44(1) or 44(2) of that act to require a person to remove headgear and footwear in public) and under section 60aa of the criminal justice and public order act ..... united nations ..... consider whether a stop and search under section 45 is more closely analogous with, for ..... place is the whole or part of the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police; (c) where the specified area or place ..... is the whole or part of the city of london, by a police officer for the city who is of at least the rank of commander in the city of london police force; (d) where the specified area or place ..... places where such measures had not been put in place ..... convention right to privacy have some basis in domestic law (as here clearly it does in the 2000 act); not only must that law be adequately accessible to the public (as here clearly it is unlike, for example, the position in malone v united ..... takes place the officer ..... trial .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... , 1999 cr.l.j.919 relying on the universal declaration of human rights and the article 33 of the united nations convention on the status of refugees, held that the protection of human life and liberty is available to refugees, if his activities are not prejudicial to the law and order or security of the country. ..... bail application no.8610/2013 provided that when the inquiry or trial relates to an offence under sections 376 to 376d of the indian penal code, the inquiry or trial shall, as far as possible, be completed within a period of two months from the date of filing of the charge sheet. .. ..... that being so, since 'life' is also recognized as a basic human right in the universal declaration of human rights, 1948, it has to have the same meaning and interpretation as has been placed on that word by the apex court in its various decisions relating to article 21 of the constitution.38. ..... it is to be noted with lot of satisfaction that due to initiative taken by the courts, the legislature by introducing act no.5 of 2009 had introduced section 357a by enacting victim compensation scheme. ..... bail application no.8610/2013 sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012. ..... to many feminists and psychiatrists, rape is less a sexual offence than an act of aggression aimed at degrading and humiliating women. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... , 1999 cr.l.j.919 relying on the universal declaration of human rights and the article 33 of the united nations convention on the status of refugees, held that the protection of human life and liberty is available to refugees, if his activities are not prejudicial to the law and order or security of the country. ..... bail application no.8610/2013 provided that when the inquiry or trial relates to an offence under sections 376 to 376d of the indian penal code, the inquiry or trial shall, as far as possible, be completed within a period of two months from the date of filing of the charge sheet. .. ..... that being so, since 'life' is also recognized as a basic human right in the universal declaration of human rights, 1948, it has to have the same meaning and interpretation as has been placed on that word by the apex court in its various decisions relating to article 21 of the constitution.38. ..... it is to be noted with lot of satisfaction that due to initiative taken by the courts, the legislature by introducing act no.5 of 2009 had introduced section 357a by enacting victim compensation scheme. ..... bail application no.8610/2013 sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012. ..... to many feminists and psychiatrists, rape is less a sexual offence than an act of aggression aimed at degrading and humiliating women. .....
Tag this Judgment!Court : House of Lords
..... there will also be a declaration under section 4 of the human rights act 1998 that section 23 of the anti-terrorism, crime and security act 2001 is incompatible with articles 5 and 14 of the european convention insofar as it is disproportionate and permits detention of suspected international terrorists in a way that discriminates on the ground of nationality or immigration status. ..... in this connexion the court went on to recall: "that by reason of their direct and continuous contact with the pressing needs of the moment, the national authorities are in principle better placed than the international judge to decide both on the presence of such an emergency and on the nature and scope of the derogation necessary to avoid it.... ..... for instance, in lawless v ireland (no 3) (1961) 1 ehrr 15, 31 - 32, para 28 the court held that the irish government had reasonably deduced the existence of such a state from a combination of factors: "in the first place, the existence in the territory of the republic of ireland of a secret army engaged in unconstitutional activities and using violence to attain its purposes; secondly, the fact that this army was also operating outside the territory of ..... the committee is deeply concerned about provisions of the anti-terrorism crime and security act which provide for the indefinite detention without charge or trial, pending deportation, of non-nationals of the united kingdom who are suspected of terrorism-related activities. .....
Tag this Judgment!Court : US Supreme Court
..... in his letter of transmittal recommending ratification of the convention, the president noted that it was "supported by such national legal organizations as the american bar association, the judicial conference of the united states, the national conference of commissions on uniform state laws, and by a number of state, local ..... (1797) (dismissing appeal from judgment for failure to plead diversity of citizenship, but setting forth an extract from a treatise by ulrich huber (1636-1694), a dutch jurist): "'by the courtesy of nations, whatever laws are carried into execution within the limits of any government, are considered as having the same effect everywhere, so far as they do not occasion a prejudice to the rights of the ..... unlike the common law practice, which places upon the parties to the litigation the duty of privately securing and presenting the evidence at the trial, the civil law considers obtaining of evidence a matter primarily for the courts, with the parties in the subordinate position ..... see toms, the french response to the extraterritorial application of united states antitrust laws, 15 int'l lawyer 585, 593-599 (1981); heck, federal republic of germany and the eec, 18 int'l ..... but it is the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or of other persons who are under ..... 6eme section -- 2eme .....
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