Doctrinal - Judgment Search Results

Sukh Ram Dass and ors. Vs. the District and Sessions Judge and ors.

Court: Punjab and Haryana

Reported in: (2009)154PLR655

..... ramchandra abhyankar v krishnaji dattatreya bapat 1970 1scr322 where three conditions for applicability of doctrine of merger are noticed these are i the jurisdiction exercised should be appellate or ..... under challenge on the principle of judicial discipline 7 that conditions for applicability of doctrine of merger are that jurisdiction exercised should be appellate or revisional jurisdiction should .....

Stassen Exports Ltd. Vs. Lipton Ltd. and Another

Court: Sri Lanka Supreme Court

..... on appeal that particular subject matter cannot be re litigated between the same parties the doctrine therefore has found justification in two fundamental principles the first principle which is public in ..... civil procedure code the constituent elements of res judicata estoppel is clearly described by spencer bower the doctrine of res judicata supra pg 10 where he has stated thus oelig a party setting .....

Pearson Vs. Callahan

Court: US Supreme Court

..... attorney general conceded the absence of exigent circumstances but urged that the inevitable discovery doctrine justified introduction of the fruits of the warrantless search the utah court of appeals ..... whether the saucier procedure should be modified or abandoned we must begin with the doctrine of stare decisis stare decisis promotes the evenhanded predictable and consistent development of legal .....

United Spirits Limited (Formerly Known as Shaw Wallace Distilleries) V ...

Court: Mumbai

Reported in: 2009(6)BomCR401; 2009(111)BomLR2810; 2009(167)LC80(Bombay); 2009(240)ELT513(Bom)

..... arise for determination 1 where an amount is deposited pursuant to provisional assessment will the doctrine of unjust enrichment be applicable to refund consequent upon final assessment 2 where the order ..... equity and good conscience belong to someone else explaining further the supreme court observed the doctrine of unjust enrichment therefore is that no person can be allowed to enrich enquitably at .....

Novartis Ag Vs. Union of India Through the Secretary and Others

Court: Intellectual Property Appellate Board IPAB

..... 1993 disclosed only imatinib free base and suggested various possible salt candidates then applying the doctrine of selection patent to this argument the appellant only arrived at imatinib mesylate from the ..... such different form would not be patentable this being incorporated in the statute established the doctrine of selection patent in india even this plea was taken in the appellants reply to .....

Mohawk Industries, Inc. Vs. Carpenter

Court: US Supreme Court

..... adverse to the attorney client privilege qualify for immediate appeal under the collateral order doctrine agreeing with the court of appeals we hold that they do not postjudgment appeals ..... district court s privilege waiver order satisfied the first two conditions of the collateral order doctrine conclusiveness and separateness but not the third effective unreviewability because we agree with the .....

Pleasant Grove City Vs. Summum

Court: US Supreme Court

..... government controls the message it is not precluded from relying on the government speech doctrine merely because it solicits assistance from nongovernmental sources rosenberger supra at 833 a government ..... indicate agreement with our earlier decisions unlike other decisions relying on the government speech doctrine our decision in this case excuses no retaliation for or coercion of private speech .....

Dr. R.P.Sharma, Ips Vs. the Union of India, Represented by Its Secreta ...

Court: Central Administrative Tribunal CAT

..... the decision maker may be sufficient to negative the 8216 legitimate expectation 8217 the doctrine of legitimate expectation based on established practice as contrasted from legitimate expectation based on ..... that legitimate expectation gives the applicant sufficient locus standi for judicial review and that the doctrine of legitimate expectation is to be confined mostly to right of a fair hearing .....

Descon Ltd. Vs. Dpsc Ltd.

Court: Company Law Board CLB Kolkata

..... court nothing survives in the petition 24 regarding legitimate expectation shri ganguli submitted the doctrine of legitimate expectation is applicable only in administrative law the principle of equitable promissory ..... expectation claim on equitable grounds etc in the present case descon has invoked the doctrine of legitimate expectation and also has based its claim for shares on equitable .....

Commissioner of Customs Vs. Agrotech Foods Ltd.

Court: Karnataka

Reported in: 2010(249)ELT348(Kar)

..... the tribunal was right in overlooking the fact that the doctrine of unjust enrichment can be invoked irrespective of the applicability ..... act or similar provision merely gives legislative recognition to this doctrine that however does not mean that in the absence of ..... being distributed to the assessee on the applicability of the doctrine of unjust enrichment would get attracted and the question may .....