Court : Supreme Court of India
Reported in : AIR2003SC1764; (2003)3CompLJ90(SC); JT2003(2)SC180; (2003)IILLJ1123SC; 2003(2)SCALE136; (2003)4SCC225; [2003]1SCR1174
..... one of the arguments raised by the respondent state to justify this apparent contradiction was that the section had been enacted in discharge of the government of india's international obligations under the united nations convention against illicit trafficking in narcotics and psychotropic, 1988. ..... section 3 of the united nations (privileges and immunities) act, 1947 (hereafter referred to as 1947 act) empowers the central government by notification in the official gazette to declare that the provisions of the schedule to the 1947 act shall apply, subject to such modification, if any, as the central government may consider necessary or expedient for giving effect to any international agreement, convention or other instruments to confer on any international organisation and its representatives and officers privileges and immunities as provided for in the ..... both the division benches held that icrisat was an international organisation and was immune from being sued because of a notification issued in 1972 under the united nations (privileges and immunities) act, 1947 and that a writ under article 226 could not be issued to icrisat.2. ..... according to the appellants the power to grant immunity to 'international organizations' under the 1947 act therefore did not extend to organizations like icrisat which was neither an organ of the united nations nor a specialised agency within the meaning of article 57 of the u.n.charter. ..... 2730/1981 (k.s. .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(1)BomCR561; (1990)92BOMLR70
..... reported in 508-f 2d 969 (1974) the united states court of appeals, second circuit, considered the public policy defence of the united nations convention on the recognition and enforcement of foreign arbitral awards ..... buyers applied to the calcutta high court under section 5 of the arbitration (protocol and convention) act, 1937 for filing of the award and for judgment and decree in terms of the ..... under section 7 of the arbitration (protocol and convention) act, 1937 which was a result of the geneva convention, in order that a foreign award may be enforceable, it must have become final in the country in which ..... the documents specified in rule 801(b) and (c) the judge may allow, time to file such documents.in view of these rules it is urged by the appellants that since the original application under section 5 of the said act was not accompanied by a duly authenticated copy of the original award, the application must be now returned to the party presenting it and the learned judge erred in going ahead with the said application.98. it is not ..... under section 7 of the arbitration (protocol and convention) act, 1937 in order that a foreign award may be enforceable, enforcement thereof must not be contrary to the public policy or the ..... as to how an arbitral award which is not a domestic award in india can be enforced in a court in india in the context of the indian legislation enacted in that behalf namely the foreign awards (recognition and enforcement) act, 1981 (see paragraph 5 at pg. .....
Tag this Judgment!Court : International Court of Justice ICJ
..... the united nations convention provides,unless otherwise agreed between the states concerned, a state cannot invoke immunity from jurisdiction before a court of another state which is otherwise competent in a proceeding which relates to pecuniary compensation for death or injury to the person, or damage to or loss of tangible property, caused by an act or omission which is alleged to be attributable to the state, if the act or omission occurred in whole or in part in the territory of that other state and if the author of the act or ..... a state is not entitled to immunity in respect of torts occasioning death, personal injury or damage to property occurring on the territory of the forum state (united states of america foreign sovereign immunities act 1976, 28 usc, section 1605 (a) (5); united kingdom state immunity act 1978, section 5; south africa foreign states immunities act 1981, section 6; canada state immunity act 1985, section 6; australia foreign states immunities act 1985, section 13; singapore state immunity act 1985, section 7; argentina law no. ..... state immunity ordinance 1981 contains no comparable ..... jurisprudence is also significant, as is the absence of any statements by states in connection with the work of the international law commission regarding state immunity and the adoption of the united nations convention or, so far as the court has been able to discover, in any other context asserting that customary international law does not require immunity in such cases. 78. .....
Tag this Judgment!Court : Kerala
..... even by article 97 read with article 58 of the united nations convention on the law of the sea, (hereinafter referred to as the unclos), the third respondent has no authority to register a ..... advocate general is that giving effect to the international maritime organisation convention for suppression of unlawful acts against the safety of maritime navigation and the protocol for the suppression of unlawful acts, the parliament had enacted the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act, 2002 (hereinafter referred to as the 'sua act'), and that, the incident alleged would also amount to an ..... offence committed in exclusive economic zone : when an offence is committed by any person in the exclusive economic zone described insub-section (1) of section 7 of the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 (80 of 1976) or as altered by notification, if any, issued under sub-section (2) thereof, such person may be dealt with in respect of such offence as if it had been committed in anyplace in which he may be found ..... of territorial waters act 1976 limits sovereignty of india up to the territorial waters, sub clause (7) of section 7 empowers the central government to issue notification regarding the application of indian law to the eez or to the part thereof; and in exercise of this power, the government of india had issued a notification dated 27/8/1981 published in the .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(1)KCCR5(SN)
..... indian parliament the preamble to this act reads as under:an act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental theretowhereas india is rich in biological diversity and associated traditional and contemporary knowledge system relating thereto;and whereas india is a party to the united nations convention on biological diversity signed at ..... water (prevention and control of pollution) act, 1974, are all legislations which for their effective implementation, which mainly depends on the effective working and implementation of the ..... to indian forest act, 1927 or the respective state forest acts in areas where the indian forest act, 1927 was not applicable and the avowed object of the two enactments operates together is to preserve and conserve forest, many subsequent protective legislations such as the air (prevention and control of pollution) act, 1981, the environment (protection) act, 1986 and even a few similar earlier protective legislations such as wild life (protection) act, 1972 and .....
Tag this Judgment!Court : Kolkata
..... the plaintiffs say that there is a 2004 document entitled the 'united nations convention on jurisdictional immunities of states and their property' to which india is a signatory ..... the plaintiffs have also referred to the united nations convention on jurisdictional immunities of states and their property, 2004 to which india is a signatory ..... referred to the united nations convention on the law ..... ' the convention in question was the united nations declaration on the rights of mentally retarded persons, 1971 that was considered in the context of the right of ..... by a diplomatic representative or other competent authority of that state and communicated to the court shall serve as evidence of the character of that ship or cargo.annex to the convention..with respect to article 10the term 'immunity' in article 10 is to be understood in the context of the present convention as a whole.article 10, paragraph 3, does not prejudge the question of 'piercing the corporate veil', questions relating to a situation where a state entity has deliberately misrepresented its ..... judge of the high court of which he is a member or of a division bench of that high court, he is not bound to follow that precedent because by following the precedent the judge would act contrary to section 165 of the indian evidence act, and would also violate the oath of office taken by him when entering upon his duties as a judge under the constitution; and (2) that a judgment of a full bench of the court may be ..... in : (1981) 2 scc .....
Tag this Judgment!Court : Gujarat
Reported in : 181(2003)CLT134
..... . even under article 78 of the united nations conventions on contracts for the international sale of goods act, 1980 (cisg), if a party fails to pay the price or any other sum that is in arrears, the other party is entitled to interest on it without prejudice to any claim for damages recoverable under article ..... noticed that article viii concerning taxation on interest in the dtaa with germany existing at that time was worded differently from the article concerning taxation of interest of the revised model convention 77 and the dtaas relevant to the present cases followed that model convention which included the expression 'debt claim of every kind' in the article concerning taxation of interest which expression was absent in the said clause viii of the ..... ].24.1. the regulations of the gujarat maritime board under the gujarat maritime board act, 1981, are the regulations made for safety and welfare of workers as a measure of precautions during the cutting operations in the ship-breaking yards and reliance on them does not advance case of the assessees on ..... royal bank of canada (1981) 3 all er 142 was cited for the proposition that the letter of credit is regarded as almost equivalent to cash in the seller ..... bank of india : [1981]3scr300 was cited for the proposition that the credit contract is independent of the sales contract on which it is based, unless the sales contract is in some ..... , 1981, and the date of the award, from its character between the date of the award and the date .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]261ITR113(Guj)
..... even under article 78 of the united nations conventions on contracts for the international sale of goods act,1980 (cisg), if a party fails to pay the price or any other sum that is in arrears, the other party is entitled to interest on it without prejudice to any claim for ..... viii concerning taxation on interest in the dtaa with germany existing at that time was worded differently from the article concerning taxation of interest of the revised model convention 77 and the dtaas relevant to the present cases followed that model convention which included the expression 'debt claim of every kind' in the article concerning taxation of interest which expression was absent in the said article viii ..... . the regulations of the gujarat maritime board under the gujarat maritime board act, 1981, are regulations made for safety and welfare of workers as a measure of precautions during the cutting operations in the ship breaking yards and reliance on them does not advance the case ..... of award in the case before it seemed to make it impossible to distinguish the character of the so-called interest between november 4, 1981, and the date of the award, from its character between the date of the award and the date of payment. ..... royal bank of canada [1981] 3 all er 142 was cited for the proposition that the letter of credit is regarded as almost equivalent ..... bank of india : [1981]3scr300 was cited for the proposition that the credit contract is independent of the sales contract on which it is based, unless the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj1385; 2005(4)WLC163
..... 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. ..... there is recognition of rights of women starting with united nation charter universal declaration of human rights to convention on elimination of all forms of discriminations against women. ..... which may make known the identity of the victim if such printing or publication is -- a) by or under the order in writing of the officer in charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation: orb) by, or with the authorization in writing of the victim; orc) where the victim is dead or minor or of unsound mind, by or with the authorization in writing of, the next of kin of the ..... the international covenants and declarations as adopted by the united nations have to be respected by all signatory states and the meaning given to the provisions of those declarations and covenants have to be such as would help in effective implementation of those rights. ..... the applicability of the united nation's universal declaration of human rights and the principles thereof may have to be read, if need be, into the domestic jurisprudence.36. ..... the administrator, union territory of delhi, air 1981 sc 746. 28. .....
Tag this Judgment!Court : Mumbai
..... united nations commission on international trade law (uncitral) adopted the uncitral model law on international and commercial arbitration, 1985 and it was recommended by the un general assembly that all countries will give due consideration to this model law, it was felt expedient to make law respecting arbitration and conciliation, taking into account model law and rules and thus, the 1996 act ..... orders that an arbitral award be set aside, the period between the commencement of the arbitration and the date of the order of the court shall be excluded in computing the time prescribed by the limitation act, 1963 (36 of 1963), for the commencement of the proceedings (including arbitration) with respect to the dispute so submitted.when the award is set aside for the reasons other than merits, then it is ..... at present substantially contained in three enactments, namely, the arbitration act, 1940, the arbitration (protocol and convention) act, 1937 and the foreign awards (recognition and enforcement) act, 1961. ..... rattan singh air 1981 sc 2057 while referring to the act of 1940 observed, 'the way in which the proceedings under the act are conducted and without an exception challenged in courts, has made lawyers laugh and legal philosophers weep' in view of 'unending prolixity, at every stage ..... joginderpal : air 1981 sc 2075, the supreme court observed that, 'law of arbitration must be `simple, less technical and more responsible to the actual reality of the situations', `responsive to the .....
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