Binding - Year 2011 - Judgments

May 16 2011 (HC)

Bala Bind, S/O Sita Ram Bind Vs. the State of Bihar

Court: Patna

Decided on: May-16-2011

p w 3 the informant is that a dacoity was committed in his house on 06 01 1995 by unknown dacoits

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Sep 01 2011 (HC)

Raman Gopi and Another Vs. Kunju Raman Uthaman

Court: Kerala

Decided on: Sep-01-2011

..... principles evolved by man for the regulation of the social order the doctrine of binding precedent is circumscribed in its governance by perceptible limitations limitations arising by reference to ..... per incuriam cannot be followed subordinate courts with respect must choose to follow the earlier binding precedents notwithstanding the later per incuriam decision of the smaller or co ordinate bench .....

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Dec 14 2011 (FN)

Edwards (Respondent) Vs. Chesterfield Royal Hospital Nhs Foundation Tr ...

Court: UK Supreme Court

Decided on: Dec-14-2011

..... providing that if an employer has applicable disciplinary rules and procedures they will normally have contractual effect it has recognised that a breach of disciplinary rules and procedures in the course ..... the period during which the correct disciplinary process would have been taking place plus the contractual notice period on top of that presumably on the assumption that whatever findings the .....

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May 10 2011 (HC)

ipcl Employees Association - Through General Secretary Vs Reliance Ind ...

Court: Gujarat

Decided on: May-10-2011

..... necessary for us to recapitulate the fairly well settled legal position and principles concerning the binding effect of the settlement and the grounds on which the settlement is vulnerable to attack ..... at as a result of fraud misrepresentation or undue influence or that it is not binding as the workmen s representative had bartered away their interests for personal considerations this difficulty .....

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Jul 27 2011 (FN)

Belmont Park Investments Pty Limited (Respondent) Vs. Bny Corporate Tr ...

Court: UK Supreme Court

Decided on: Jul-27-2011

..... statutory pari passu principle there is little difference in practice between declaring a contractual provision invalid or ineffective because it is inconsistent with the statute and declaring ..... between swap counterparty priority and noteholder priority is a difference between different priority contractual rights against saphir secured by different priority rights against the collateral held by .....

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Jan 31 2011 (TRI)

Polyplex Corporation Limited, Uttarakhand and Others Vs. Uttrakhand El ...

Court: Appellate Tribunal for Electricity APTEL

Decided on: Jan-31-2011

..... an independent statutory body therefore the policy directions issued by the state government are not binding on the state commission the state government by issuing direction to state commission cannot ..... categorically given our findings in the above paragraphs that the state government directions are not binding on the state commission since the state commission is expected to decide the issue .....

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Dec 15 2011 (TRI)

Mrs. Shivani Batra Daughter of Shri M.L. Batra Vs. Chandigarh Administ ...

Court: Central Administrative Tribunal CAT Chandigarh

Decided on: Dec-15-2011

..... appointment including the nature and duration thereof those not inclined to go in for a contractual appointment might readily opt for consideration in case the character of the appointment is ..... indicated to be regular if contractual lecturers are held entitled to compulsive regularization it would be unfair discriminatory and violative of .....

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Nov 09 2011 (FN)

Berrisford (Fc) (Appellant) Vs. Mexfield Housing Co-operative Limited ...

Court: UK Supreme Court

Decided on: Nov-09-2011

..... effect as a contract enforceable as between the parties personally albeit not capable of binding their respective successors as no interest in land or other proprietary interest would subsist ..... the starting point must be the true construction of the agreement applying ordinary principles of contractual interpretation in this respect an agreement which purports to create a tenancy agreement is .....

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Jun 16 2011 (FN)

Davis Vs. United States

Court: US Supreme Court

Decided on: Jun-16-2011

..... by the argument that applying the good faith exception to searches conducted in reliance on binding precedent will stunt the development of fourth amendment law by discouraging criminal defendants from ..... or state supreme court but a good faith exception for objectively reasonable reliance on binding precedent will not prevent review and correction of such decisions this court reviews criminal .....

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Jun 13 2011 (FN)

Smith Vs. Bayer Corp.

Court: US Supreme Court

Decided on: Jun-13-2011

..... only exception to the rule against nonparty preclusion potentially relevant here is the exception that binds non named members of properly conducted class actions to judgments entered in such proceedings ..... costs of similar litigation brought by different plaintiffs the right approach does not lie in binding nonparties to a judgment and to the extent class actions raise special relitigation problems .....

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