Court : Supreme Court of India
..... registering officers and registration of establishments employing building and construction workers by making an application to the registering officer (sections 6 and 7); registration of building and construction workers as beneficiaries under the bocw act and issuance of identity cards to them (sections 12 and 13); constitution of state welfare boards with identified functions including providing necessary benefits and assistance to beneficiaries (sections 18 and 22); creation of ..... union of india stated before this court that though directions had been issued by the central government from time to time under the provisions of the bocw act, implementation of the directions had not taken place at the ground level for the reason that such directions were not enforceable with penal consequences! ..... it is averred that the bocw act and the cess act are based on an international convention, namely, the safety and health in construction convention (no.167) adopted by the international labour organization in 1988 and its accompanying recommendation (no.175) which provide for a foundation ..... that a large number of construction workers would be entitled to the benefit of the mahatma gandhi national rural employment guarantee scheme, since most of the works undertaken through the scheme, barring a few ..... of workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in 3 (1984) 3 scc1614(1981) 1 scc608w.p. .....
Tag this Judgment!Court : Supreme Court of India
..... ; the receiving of all kinds of bonds, scrips or valuables on deposit or for safe custody or otherwise; the providing of safe deposit vaults; the collecting and transmitting of money and securities; (b) acting as agents for any government or local authority or any other person or persons; the carrying on of agency business of any description including the clearing and forwarding of goods, giving of receipts and discharges and otherwise ..... acting as an attorney on behalf of customers, but excluding the business of a managing agent or secretary and treasurer of a company; (c) contracting for public and private loans and negotiating and issuing the same ..... also, to implement a treaty, agreement or convention with other countries, parliament, under article 253 of the constitution, has the ..... on the aforesaid subject in the national interest if the rajya sabha declares, by a resolution supported by not less than 2/3rd of the members present and voting, that it is necessary or expedient in national interest that parliament should do so. ..... union of india (1981) 2 scr111at 139 referred to the ..... a meaning conducive to the widest amplitude, subject however to limitations inherent in the federal scheme which distributes legislative power between the union and the constituent units. .....
Tag this Judgment!Court : Supreme Court of India
..... learned senior counsel would submit that the decisions of this court in assam small scale industries (2005) 13 scc19and shakti tubes (2009) 7 scc673regarding the prospective operation of the act were not law declared under article 141, as the points under consideration in those cases were different from the issues raised in these appeals ..... explanation - nothing is an interruption within the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some person other than the claimant and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising ..... (emphasis laid by this court) while the court made this observation, it did not correctly appreciate the intention and purpose of the act, which was to ensure that the small scale and ancillary industries do not suffer as a result of delay in payment of outstanding ..... and reasons of the amendment act reads as under: though the act has been in operation for a period of five years, the problem of delays in the payment of outstanding dues to the small scale industrial units continues unabated. ..... determined by the exigencies of judicial need, by the nature of the case including any statutory mandate relating thereto and by such other considerations which the chief justice, in whom such authority devolves by convention, may find most appropriate ..... of india (1981) 2 scc362 ..... .....
Tag this Judgment!Court : US Supreme Court
..... treasure salvors' first response to the state's eleventh amendment argument, it contended: "if the division of archives were allowed to retain this property, its officials would be acting outside the scope of their authority under state law, since the state statute under which they claim [does] not apply outside the states territory. ..... the suit is against the state the case is directly traceable to treasure salvors' filing of a motion in district court for an order commanding the united states marshal to arrest and take custody of the contested artifacts and to bring them within the jurisdiction of the court. ..... following the decision of the court of appeals, treasure salvors filed a motion in the district court for an order commanding the united states marshal to arrest and take custody of these artifacts and bring them within the jurisdiction of the court. ..... 681 united states had been resolved in the earlier proceeding, all claims of the state were barred because the state of florida had acted in privity with the united states in that proceeding. id ..... the court went on to decide the vessel was immune from admiralty process, based upon "the law of nations" and "general grounds of comity and policy. ..... 267.061(2)(a) (1981) provides generally that it is the responsibility of the division of archives to "[l]ocate, acquire, protect, preserve, and promote the location, acquisition, and preservation of historic sites and properties, buildings, artifacts, treasure trove, and objects of .....
Tag this Judgment!Court : US Supreme Court
..... but it was also contemplated within that tradition that the individual may perceive his interest as according with the public good: "in the extended republic of the united states, and among the great variety of interests, parties and sects which it embraces, a coalition of a majority of the whole society could seldom take place on any other principles than those of justice ..... brown's first amendment claims, the court was of the view that "[t]o hold that promises to serve at reduced compensation in violation of the corrupt practices act are immune from regulation in view of the provisions of the united states constitution is to open the door to arguments that other statements in violation of the corrupt practices act are protected because they involve speech and self-expression." id. at 36. ..... agree or make a contract with any person to vote for or support any particular individual, thing or measure, in consideration for the vote or the financial or moral support of that person in any election, primary or nominating convention, and no person shall require that any candidate make such a promise, agreement or contract. ..... hartlage then filed this action in the jefferson circuit court, alleging that brown had violated the corrupt practices act and seeking to have the election declared void and the office of jefferson county commissioner, "c" district, ..... universally acknowledged as legitimate, indeed, "indispensable to decisionmaking in a democracy," first national bank of boston v. ..... 1981 .....
Tag this Judgment!Court : US Supreme Court
..... in addition to state-law claims, petitioner contended that the act violated the commerce, due process, and equal protection clauses of the united states constitution, and was pre-empted by various federal statutes. ..... , a delaware corporation with its principal place of business in oak brook, illinois, owns and operates one of the nation's oldest commercial hazardous waste land disposal facilities, located in emelle, alabama. ..... the trial court declared the base fee and the cap provisions of the act to be valid and constitutional; but, finding the only basis for the additional fee to be the origin of the waste, the trial court declared it to be in violation of the commerce clause. ..... our decisions regarding quarantine laws do not counsel a different conclusion.10 the act's additional fee may not legitimately be deemed a quarantine law because alabama permits both the generation and landfilling of hazardous 9the state presents no argument here, as it did below, that the additional fee makes out-of- ..... 2 "hazardous substance(s)" and "hazardous waste(s)" are defined terms in the act, 22-30b-1(3) and 22-30b-1(4), but these definitions largely parallel the meanings given under federal law. ..... kneedler argued the cause for the united states as amicus curiae urging reversal. ..... 609 , 619 (1981), or a per-mile tax on all vehicles transporting hazardous waste across alabama roads, cf. ..... 725 , 759760 (1981); boston stock exchange v. .....
Tag this Judgment!Court : US Supreme Court
..... receive disfavored treatment relative to other creditors both in chapter 7 and chapter 13 proceedings, see 1325(a)(4) (a chapter 13 plan must ensure that unsecured creditors receive no worse treatment than they would under chapter 7), a result the united states regards as anomalous, given the strength of the governmental interest in collecting restitution payments. ..... for me, the statutory language, the consistent authority treating criminal sanctions as nondischargeable under the bankruptcy act of 1898, the absence of any legislative history suggesting that the code was intended to change that established principle, and the strong policy of deference to state criminal judgments all compel the conclusion that a ..... 523(a)(7), a debt is not dischargeable "to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss, other than a tax penalty. ..... of particular concern were contingent and unliquidated claims that were "nonprovable" under the act: "[u]nder the liquidation chapters of the bankruptcy act, certain creditors are not permitted to share in the estate because of the nonprovable nature of their claims, and the debtor is not discharged from those ..... kelly, supra; see also midlantic national bank v. ..... 692, 694 (wd ny 1981) ("from these definitions [of `debt,' `claim,' and `creditor'], it does not appear that restitution could be considered a debt"); accord, in re kohr, 82 .....
Tag this Judgment!Court : US Supreme Court
..... in sum, there is a question of fact whether information costs and switching costs foil the simple assumption that the equipment and service markets act as pure complements to one another.24 we conclude, then, that kodak has failed to demonstrate that respondents' inference of market power in the service and parts markets is unreasonable, and that, consequently, kodak ..... 's filed the present action in the district court, alleging, inter alia, that kodak had unlawfully tied the sale of service for kodak machines to the sale of parts, in violation of 1 of the sherman act, and had unlawfully monopolized and attempted to monopolize the sale of service for kodak machines, in violation of 2 of that act.3 kodak filed a motion for summary judgment before respondents had initiated discovery. ..... section 2 of the sherman act states: "every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several states, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said ..... as kodak and its principal amicus, the united states, point out, a rational consumer considering the purchase of kodak equipment will inevitably factor into his purchasing decision the ..... , 509-511 (1981); jefferson parish, 466 .....
Tag this Judgment!Court : Supreme Court of India
..... completed within a period of 45 days from receipt of the same; (iii) on determination of the stamp duty payable, the appellant / plaintiff is directed to make the payment assessed by the collector u/s.30(f-a) of the maharashtra stamp act, 1958 within a period of four weeks from the date of receipt of communication of the order; 51 the stamp duty assessed by the collector will, however, be subject to the statutory right available to file a revision ..... admission of any instrument in any court when such instrument has been executed by or on behalf of the government or where it bears the certificate of the collector as provided by section 32 or any other provision of this act; (e) nothing herein contained shall prevent the admission of a copy of any instrument or of an oral admission of the contents of any instrument, if the stamp duty or a deficient portion of the stamp duty and penalty ..... with the section 11 application, the high court must impound the instrument which has not borne stamp duty and hand it over to the authority under the maharashtra stamp act, who will then decide issues qua payment of stamp duty and penalty (if any) as expeditiously as possible, and preferably within a period of 45 days from the date on which the ..... article v(1)(a) of the new york convention states that recognition and enforcement of an award may be refused if the arbitration agreement is not valid under the law to which the parties have subjected it or, ..... the united states ..... national ..... 1981 .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... of their actions, court makes reference to section 78 of the penal code which states the following: nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will.? ..... definition of an accomplice in sri lankan law, as accepted by the courts, clearly indicates that an accomplice must demonstrate common intent and knowingly unite with the principal offender to commit the crime but excludes the mere presence of witnesses in the vicinity of the scene from coming within this definition ..... is an offence which is done by a person who is compelled to do it by threats, which at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequent; provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such restraint?. ..... alleged that the scene was visited by a veteran investigator, ip samudrajeeva and officers of the soco (scene of the crime expert unit) and neither party discovered the empty cartridge whereas it was asp abeysekara, who visited the crime scene much later, who discovered it. ..... lucas (1981) (2 all er 1008) which was applied by .....
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