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Truax Vs. Corrigan

Court : US Supreme Court

..... . [ footnote 15 ] australia: commonwealth conciliation and arbitration act, 1904-1915, 6-9; new south wales, industrial arbitration act, 1912-1918, 48d and 48e ..... . [ footnote 18 ] the commonwealth conciliation and arbitration act, 1904-1915, 19-31 (printed as appendix a to commonwealth acts, 1914-1915) ..... ." the commonwealth conciliation and arbitration act, 1904, 38(e), provides that the court of arbitration and conciliation shall have power "to enjoin any organization or person from committing or continuing any contravention of this act ..... . commonwealth, 84 va ..... . [ footnote 22 ] commonwealth v ..... . australia [ footnote 18 ] and new zealand [ footnote 19 ] made compulsory both arbitration and compliance with the award .....

Jones (Appellant) Vs. Kaney (Respondent)

Court : UK Supreme Court

..... motor inns pty ltd v howarth asia pacific pty ltd [2003] nswsc 1120; james v medical board of south australia (2006) 95 sasr 445 (south australia); commonwealth v griffiths (2007) 245 alr 172 (nsw c.a) and in canada in carnahan v coates (1990) 71 dlr (4th) 464; varghese v landau [2004] can lii 5084 (ont sc) and deep v college of physicians and surgeons of ontario [2010] onsc ..... general witness immunity has been re-affirmed by the high court of australia in d'orta-ekenaike v victoria legal aid [2005] hca 12, (2005) 223 clr 1, para 39; by the supreme court of new zealand in lai v chamberlains [2007] 2 nzlr 7; and by the ontario court of appeal in reynolds v kingston (police services board) [ ..... the tendency in the commonwealth in recent years has been to uphold witness immunity for experts, although it has not been the subject of full discussion at higher appellate levels. .....

Shankar Construction Co. Vs. Commissioner of Income-tax

Court : Karnataka

Reported in : (1991)94CTR(Kar)155; [1991]189ITR463(KAR); [1991]189ITR463(Karn)

..... (2) (australia : commonwealth conciliation and arbitration act, 1901-1947. s. .....

National Human Rights Commission Vs. State of Gujarat and ors.

Court : Supreme Court of India

Reported in : (2009)2GLR1672(SC); JT2009(6)SC405; 2009(6)SCALE509; (2009)6SCC342

..... many commonwealth countries like australia have a commonwealth director of public prosecutions, which was set up by the director of public prosecutions act 1983 and started operations in 1984. ..... it is common for those who hold the office of commonwealth or state dpp later to be appointed to a high judicial office. ..... the nine states and territories of australia also have their own dpps. ..... however, in south australia the ag may direct the dpp to prosecute or not to prosecute. .....

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

..... in automobile s case (supra) also das, j.while speaking for the majority followed the direct and immediate effect test relying upon the pronouncements of the high court of australia in commonwealth of australia and ors. v ..... this view is consistent with the principles laid down by the australian high court and the privy council in the context of interprelation of the words absolutely free in section 92 of the commonwealth of australia constitution act, which is more emphatic than the word free in article 301 of our constitution. ..... constitution. 309. it is useful to refer to observations made by lord porter in commonwealth of australia & others(supra), which are in following words: in this labyrinth there is ..... a.c. 578 and judgment of lord porter in, commonwealth of australia and ..... james vs. commonwealth of australia, (1936) ac578 had occasion to consider the freedom of trade as granted under section 92 of the constitution of ..... . 578 and commonwealth of australia and others ..... :75. the commonwealth of australia constitution act came into being ..... . 2 commonwealth of australia section 92 of the australian constitution declares that on the imposition of uniform duties of customs, trade, commerce and intercourse among the states, whether by means of internal carriage or ocean navigation, shall be absolutely ..... we do not propose to recite the somewhat chequered history of the australian decisions in respect of which lord porter, after a review of the earlier cases, said in commonwealth of australia v .....

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

..... 's challenge to particular provisions of the act is based upon the proposition that they provide for an exercise of judicial power otherwise than in conformity with ch.iii of the commonwealth constitution in that the power is exercised by the commission which is not a court established pursuant to s.71 and constituted in accordance with s.72 of the constitution. ..... also the submission of the learned counsel for the petitioners, that the proposition of law highlighted hereinabove on the basis of the provisions of constitutions of different countries (jamaica, ceylon, australia and canada) decided either by the privy council or the highest courts of the concerned countries, is fully applicable to india as well. ..... . commonwealth of australia, 122 ..... article. in australia limitations on the law-making powers of the parliament of the federal commonwealth over the states were read into the concerned provisions of the constitution because of implications arising from the very federal nature of the constitution: (vide lord mayor councillors and citizens of the city of ..... attorney-general for the commonwealth of australia v ..... this the answer may be given in the words of lord porter in commonwealth of australia v ..... for that reason, the supreme court of the united states and the high court of australia have refused to render advisory opinions, reasoning that a separation of powers doctrine in their constitutions confines the courts to the traditional judicial function of adjudicating upon .....

State of Karnataka Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1

..... and the decisions just cited entirely preclude, in our opinion, an a priori contention that the grant of legislative power to the commonwealth parliament as represented the will of the whole of the people of all the states of australia should not bind within the geographical area of the commonwealth and within the limits of the enumerated powers, ascertained by the ordinary process of construction, the states and their agencies as ..... imposed by an act of the victorian legislature, it was not contended before the court that the restriction on the powers of the victoria constitution is enacted by any express provision of the commonwealth constitution act but was argued that inasmuch as the imposition of an income-tax might interfere with the free exercise of the legislative or executive power of ..... far as dispute as to the scope of respective legislative fields between the commonwealth and the states in australia is concerned, it is now well settled as a result of ..... and judicial powers in australia,' fourth edition has said at pages 12 and 13 :the only way in which the court could determine whether the prescribed limits of legislative power had been exceeded or not was 'by looking to the terms of the instrument by which, affirmatively, the legislative powers were created, and by which negatively, they are restricted,.the effects of the engineers' case upon commonwealth-state relations are ..... of victoria and the commonwealth of australia 122 commonwealth law reports 353 ..... commonwealth of .....

Gujarat Nre Coke Limited and Anr. Vs. Jindal Steel and Power Limited a ...

Court : Kolkata

..... governing law this agreement shall be governed by the laws current in the state of new south wales australia and the commonwealth of australia and the parties submit to the exclusive jurisdiction of the courts of new south wales and australia and only courts that hear appears therefrom. 21.2. ..... the applicant says that the agreement entered into between the plaintiff no.1 and the defendant no.3 specifically provides that the said contract shall be governed by the new south wales australia and the commonwealth of australia and the plaintiff no.1 and the defendant no.3 shall submit to the exclusive jurisdiction of the courts of new south wales and australia to settle their disputes. ..... the applicant further says that the plaintiff alleged that the jindal group, mainly jindal steel & power (mauritius) ltd.and jindal steel & power (australia) pty ltd.acquired the major stake in defendant no.3/applicant, which are separate legal entities and are not arrayed as parties. ..... the breach of the purchase agreements was, however, procured by the defendant no.1 and/or its subsidiaries at australia as also at various places in india including at the registered office of the plaintiff no.1 both outside and within the aforesaid ..... is no dispute that the applicant is a company incorporated under the appropriate laws of australia, having its registered office at jersey farm road, wongawilli road, west dapto, nsw2530 australia and the applicant is carrying on its business from the registered office. .....

N. Masthan Sahib Vs. Chief Commissioner, Pondicherry

Court : Supreme Court of India

Reported in : AIR1962SC797; [1962]Supp1SCR981

..... 122 of the commonwealth of australia act, but the point to be noticed however is that there was no statement by the government of the commonwealth of australia as to whether this area was or was not part of the territory of australia, such as we have in the present case. ..... in both these cases the point involved was as to the status of the territory of new guinea which australia was administering as mandatory territory under a mandate from the league of nations. ..... chatterji, however, invited our attention to obtain observations contained in two decisions of the high court of australia - jolley v. .....

Delhi Sikh Gurudwara Management Committee (Dsgmc) and ors. Vs. Union o ...

Court : Delhi

Reported in : 152(2008)DLT132; 2008(106)DRJ241

..... the commonwealth while dealing with section 116 of the commonwealth of australia (constitution) act which provides inter alia that the commonwealth shall not make any law for prohibiting the free exercise of any religion. .....