Court : UK Supreme Court
..... the parties are agreed that the issues arising in this appeal are as follows: (i) whether k was entitled to participate in children's hearings by virtue of the interlocutor of 27 october 2006, or whether that order was incompetently pronounced and was therefore appropriately suspended by the court of session; (ii) whether the operation of section 93(2)(b) of the 1995 act in defining persons entitled to participate in a children's hearing is such as to be incompatible with k's rights under articles 6, 8 or 14 of the convention; and (iii) if ..... by section 23 of the family law (scotland) act 2006 it was provided that section 3(1) of the 1995 act be amended to the effect that unmarried fathers who are registered as the child's father under section 18 of the registration of births, deaths and marriages (scotland) act 1965 or the equivalent enactments in england and wales or northern ireland were automatically to have parental responsibilities and parental ..... at a resumed hearing on 19 october 2006, which k also attended, the children's hearing felt that it was appropriate to leave contact where it was in ..... the interlocutor is incompetent is to be found in para 67, where it is said that, when he restricted himself to the limited question of whether the father's presence would be of assistance to the hearing in determining the appropriate order to make in the interests of the child's welfare, the sheriff did not address the three overarching principles: see section 11(7) of the 1995 act. .....
Tag this Judgment!Court : UK Supreme Court
..... in the fresh inquest that the scope of the investigation, or the nature of the verdict, should be less broad than would be appropriate if the inquest must satisfy the obligation of the united kingdom under that article: see the court of appeal's judgment [2009] 3 wlr 1099, para 62 ..... constitute an exercise of jurisdiction by them for the purposes of article 1", and that "this excluded situations, however, where as in the bankovic case what was at issue was an instantaneous extraterritorial act, as the provisions of article 1 did not admit of a 'cause-and-effect' notion of 'jurisdiction' (bankovic, para 75)". having accepted that france had jurisdiction under article 1, the majority ..... established and appropriate framework, casual errors of judgment or acts of negligence (or "operational" as opposed to systematic failures) by state servants or agents will not by themselves amount to breach of the substantive obligation inherent in article 2 (a principle established in the context of medical negligence): powell v united kingdom (2000) 30 ehrr cd 362, takoushis v inner north london coroner [2005] eywca civ 1440; [2006] 1 wlr 461, paras 51 to 58; byrzykowski v poland ( ..... army act 1955, the air force act 1955 and the naval discipline act 1957 ("the service acts"), backed up by rules and regulations, including the queen's regulations 1975, in force in 2003; and it remains so since their replacement from 31 october 2009 by the armed forces act ..... section 367 of the 2006 act now provides .....
Tag this Judgment!Court : Supreme Court of India
..... approval pursuant to dec advertisement dated 03.03.2004, providing details of the faculty of engineering and other details as per proforma.4) from 31.08.2005 to 2007 no fresh admissions were made in distance education.5) ugc granted ex-post-facto approval of 03.07.2006 for students admitted between june 2001 to august, 2005 which decision was later ratified by the joint committee of ugc-aicte-dec and ex- post-facto approval was accorded on 29.08.2007.6) in respect of academic session ..... . xii the ugc is further directed to take appropriate steps and implement section 23 of the ugc act and restrain deemed to be universities from using the word university within one month from 117 ..... . jrn thereafter applied to ugc for approval for academic session 2007-08 submitting that one time ex-post-facto approval vide letter dated 03.07.2006 was already granted by ugc and that dec had also granted ex-post-facto approval for programmes offered by jrn through distance education mode till ..... the application preferred by jrn for ex-post facto approval was considered by ugc in its meeting dated 11.06.2006 and the chairman was authorized to do the needful through appropriate mechanism ..... . j.on 05.04.2006 a notification was issued by mhrd, government of india in exercise of powers vested in the central government under section 20(1) of ugc act and under section 20(1) of aicte act clarifying the role of the ugc and aicte in maintaining standards of education in institutions notified as deemed to be .....
Tag this Judgment!Court : Supreme Court of India
..... overlapping powers of taxation provided for in other countries with federal structures such as the united states, canada and australia, the learned author opined: the lists contained in schedule vii to 56 the government of india act, 1935, provided for distinct and separate fields of taxation, and it is not without significance that the concurrent legislative list contains no entry relating to taxation but provides only for fees in respect of matters contained ..... the reference has been made to the provisions of the bihar tax on entry of goods into local areas for consumption, use or sale act, 1993 (as amended by bihar act 11 of 2003 and 19 of 2006) wherein an explanation and a new section 2(c) to the following effect was inserted: (iii) into a local area from any place outside the ..... section 4 sub section (1) provides that the proceeds of the levy under the act shall be appropriated to the fund and shall be utilised exclusively for the development of trade, commerce and industry in the ..... goods from outside india, the petitioner has obtained necessary licences and permission from appropriate authorities. ..... importing the said goods from outside india, the petitioner has obtained has obtained necessary licenses and permissions from appropriate authorities. ..... in answer no.10: "the questions whether the entire state can be notified as a local area and whether entry tax can be levied on goods entering landmass of india from another country are left to be determined in appropriate proceedings. .....
Tag this Judgment!Court : Supreme Court of India
..... continue to apply to that corporation: provided also that the government company or the company referred to in sub-section (2) of section 131 of this act and the company or companies created in pursuance of the acts specified in the schedule, shall be deemed to be a licensee under this act: provided also that the appropriate commission may grant a licence to two or more persons for distribution of electricity through their own distribution system within the same area, subject to the conditions that ..... 10 issues remanded for re determination by the cerc issues finalized by the learned appellate tribunal by upholding the order of the cerc dated 3rd october, 2006 (i) higher return on equity; (i) additional capitalization for the period 2004 2005 and 2005 2006; (ii) depreciation rate; (iii) resetting of operating norms at variance from the operating norms prescribed in the 2004 regulations; (iv) return on capital investment on head office, regional offices, administrative and other technical centres, etc. ..... the challenge in the appeals before the learned appellate tribunal was against the order of the central electricity regulatory commission (hereinafter referred to as cerc ) dated 3rd october, 2006 determining the tariff 2 chargeable by the damodar valley corporation (hereinafter referred to as corporation ) from the consumers of electricity generated and transmitted by the corporation. .....
Tag this Judgment!Court : Supreme Court of India
..... continue to apply to that corporation: provided also that the government company or the company referred to in sub-section (2) of section 131 of this act and the company or companies created in pursuance of the acts specified in the schedule, shall be deemed to be a licensee under this act: provided also that the appropriate commission may grant a licence to two or more persons for distribution of electricity through their own distribution system within the same area, subject to the conditions that ..... 10 issues remanded for re determination by the cerc issues finalized by the learned appellate tribunal by upholding the order of the cerc dated 3rd october, 2006 (i) higher return on equity; (i) additional capitalization for the period 2004 2005 and 2005 2006; (ii) depreciation rate; (iii) resetting of operating norms at variance from the operating norms prescribed in the 2004 regulations; (iv) return on capital investment on head office, regional offices, administrative and other technical centres, etc. ..... the challenge in the appeals before the learned appellate tribunal was against the order of the central electricity regulatory commission (hereinafter referred to as cerc ) dated 3rd october, 2006 determining the tariff 2 chargeable by the damodar valley corporation (hereinafter referred to as corporation ) from the consumers of electricity generated and transmitted by the corporation. .....
Tag this Judgment!Court : Supreme Court of India
..... continue to apply to that corporation: provided also that the government company or the company referred to in sub-section (2) of section 131 of this act and the company or companies created in pursuance of the acts specified in the schedule, shall be deemed to be a licensee under this act: provided also that the appropriate commission may grant a licence to two or more persons for distribution of electricity through their own distribution system within the same area, subject to the conditions that ..... 10 issues remanded for re determination by the cerc issues finalized by the learned appellate tribunal by upholding the order of the cerc dated 3rd october, 2006 (i) higher return on equity; (i) additional capitalization for the period 2004 2005 and 2005 2006; (ii) depreciation rate; (iii) resetting of operating norms at variance from the operating norms prescribed in the 2004 regulations; (iv) return on capital investment on head office, regional offices, administrative and other technical centres, etc. ..... the challenge in the appeals before the learned appellate tribunal was against the order of the central electricity regulatory commission (hereinafter referred to as cerc ) dated 3rd october, 2006 determining the tariff 2 chargeable by the damodar valley corporation (hereinafter referred to as corporation ) from the consumers of electricity generated and transmitted by the corporation. .....
Tag this Judgment!Court : Supreme Court of India
..... continue to apply to that corporation: provided also that the government company or the company referred to in sub-section (2) of section 131 of this act and the company or companies created in pursuance of the acts specified in the schedule, shall be deemed to be a licensee under this act: provided also that the appropriate commission may grant a licence to two or more persons for distribution of electricity through their own distribution system within the same area, subject to the conditions that ..... 10 issues remanded for re determination by the cerc issues finalized by the learned appellate tribunal by upholding the order of the cerc dated 3rd october, 2006 (i) higher return on equity; (i) additional capitalization for the period 2004 2005 and 2005 2006; (ii) depreciation rate; (iii) resetting of operating norms at variance from the operating norms prescribed in the 2004 regulations; (iv) return on capital investment on head office, regional offices, administrative and other technical centres, etc. ..... the challenge in the appeals before the learned appellate tribunal was against the order of the central electricity regulatory commission (hereinafter referred to as cerc ) dated 3rd october, 2006 determining the tariff 2 chargeable by the damodar valley corporation (hereinafter referred to as corporation ) from the consumers of electricity generated and transmitted by the corporation. .....
Tag this Judgment!Court : Supreme Court of India
..... distribution, the approach including clause 5 (h) adverts to the multi year tariff: (h) multi year tariff (1) section 61 of the act states that the appropriate commission, for determining the terms and conditions for the determination of tariff, shall be guided inter-alia, by multi-year tariff principles ..... it would be rather formulaic for the court to accept that merely because dtps was placed at par in the immediately previous period (2006- 07) and the period immediately succeeding (2016-20), that this must necessarily be extrapolated to the intervening period governed by the myt regulations ..... the 2015 regulations, the ratio of sharing has been altered and 2/3rd enures to the benefit of the consumer; and (vii) the shr delivered by the appellant for 2006-07 to 2009-10 would sufficiently explain the basis of fixation ..... . clause 5.3(f) of the national tariff 19 policy notified on 6 january 2006 by the union ministry of power requires that operating parameters and tariffs should be at normative levels only and not at lower of normative and ..... 6 january 2006 the union of india in the ministry of power notified the national tariff policy under section 3 of the electricity act 2003. ..... shr achieved by tpc-g unit 5 (coal fired) from 2006-07 and 2008-09 was computed ..... its counter affidavit, merc has tabulated the shr achieved by dtps for financial years 2006-07 to 2009-10 as follows: table no:2 ..... in respect of unit 6 of tpc-g, cpri studies indicated the shr achieved for financial years 2006-07 to 2009-10 .....
Tag this Judgment!Court : Supreme Court of India
..... to seek for voluntary retirement from service and in that light whether the page 4 of 13 high court was justified in arriving at the conclusion that the subsequent resignation dated 03.05.2006 submitted by the husband of the respondent be considered as an application for voluntary retirement and treat the cessation of the jural relationship of employer/employee under the provision for voluntary retirement.10. ..... when the application for voluntary retirement was filed on 28.07.2005 and had not been favourably considered by the employer, instead of submitting the resignation on 03.05.2006, if any legal right was available the appropriate course ought to have been to seek for acceptance of the application by initiating appropriate legal proceedings. ..... as rightly pointed out by the learned counsel for the respondents, section 4(1)(b) of the payment of gratuity act, 1972 provides that the gratuity shall be payable if the termination of employment is after page 11 of 13 5 years of continuous service and ..... be paid to respondent no.1 in terms of the provisions of the payment of gratuity act, 1972 within four weeks from this date. ..... resignation was acted upon by receiving ..... respondent s husband had moved an application indicating deteriorating health and forcing such employee to work would be an act of oppression. ..... paid to the respondent s husband, the liability to pay the same would subsist and the respondent no.1 will be entitled to receive the same in accordance with the provisions of the act. .....
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