Court : Canada Supreme Court
..... described the requirement as a matter of right for quebec: he understood if this supreme court was to regulate and definitely settle all the questions which involved the interests of lower canada, that province was entitled to two of the six ..... the arguments of the attorney general of canada [96] the attorney general of canada argues (i) that the mention of the supreme court in the constitution act, 1982 has no legal force, and (ii) that the failed attempts to entrench the eligibility requirements in the meech lake accord of 1987 and the charlottetown accord of 1992 demonstrate that parliament and the ..... 41, which requires unanimity for amendments relating to five matters, including the composition of the supreme court: this section recognizes that some matters are of such fundamental importance that amendments in relation to them should require the consent of all the provincial legislatures and ..... will be among the judges on the bench, men perfectly versed in the knowledge of the laws of that section of the confederation, will be able to give the benefits of their lights to the other judges sitting with ..... the text, context and history of sections 5 and 6 [118] sections 5 and 6 of the act are central to the current debate: ..... just as the protection of minority language, religion and education rights were central considerations in the negotiations leading up to confederation (reference re secession of quebec, 1998 canlii 793 (scc), [1998] ..... of canada, 1983 canlii 25 (scc), [1983] 1 s.c.r. .....
Tag this Judgment!Court : UK Supreme Court
..... a legislative basis for such "informal" admissions to hospital was provided by section 5(1) of the mental health act 1959, now contained in section 131(1) of the mental health act 1983 ("the 1983 act"): "nothing in this act shall be construed as preventing a patient who requires treatment for mental disorder from being admitted to any hospital or registered establishment in pursuance of arrangements made in that behalf and without any application, order or direction rendering him liable to be detained under this act . . . ..... the safeguards have the appearance of bewildering complexity, much greater than that in the comparable provisions for detaining mental patients in hospital under the mental health act; but their essence is to secure professional assessment, by people independent of the hospital or care home in question, of (a) whether the person concerned lacks the capacity to make his own decision about whether to be accommodated in the hospital or ..... he relied upon the small size of the adolescent home, her lack of objection to life there, her attendance at the educational unit; her good family contact; and her fairly active social life. ..... she was living in an ordinary family home, and also going out to attend an educational unit, and enjoying good family contact. ..... she attended the same further education unit as mig and had a much fuller social life than her sister. 15 ..... she attended a further education unit daily during term time and was taken on trips and holidays by her foster .....
Tag this Judgment!Court : Pakistan Supreme Court
..... eobi is present and has attempted to justify his actions but failed to point out that under which provision of the law of employees old age benefit act, 1976 (in short eobi act) he was competent to make all such appointments, including appointments on contract basis that too from mandi bahauddin. ..... he left this post and was hired by the eobi in grade 20 on 2.6.2010 and then went on to hold the acting charge of the post of director general on bs 21 from 15.02.2012 till 23.05.2012, after which he assumed the post of senior joint secretary on deputation basis at the prime ..... (employees service) regulations, 1980 having been framed under section 45 of eob act, 1976 and notified vide s.r.o. ..... there were apparently many appointees who claimed to have completed their education in 2010, whereas the selection process called for all applications that fitted the requisite educational criteria in the year 2009. 9. ..... particularly, in the circumstances when already percentage of unemployment in the country has reached at a very high level, which is resulting in sheer frustration amongst the educated class of the country. ..... have also been aggrieved by the fact that these unlawful appointees did not provide any documents proving their educational qualifications etc. ..... convener of selection committee-2, muhammad hanif, officiating director general/ convener of selection committee-i and mirza imtiaz ahmed, acting director general (finance and accounts), convener of selection committee-3, as respondents. .....
Tag this Judgment!Court : Singapore Supreme Court
..... the shorter oxford english dictionary (oxford university press, 6th ed, 2007) (volume 2) has several definitions for "sanctuary" (at p 2661), two of which are relevant to the language of purpose b: 1 a building or place set apart for the worship of a god or gods; a church; a temple. ..... of the four heads of charity enunciated by lord macnaghten in the commissioners for special purposes of the income tax v john frederickpemsel [1891] 1 ac 531 ("pemsel") at 583: (i) trusts for the relief of poverty; (ii) trusts for the advancement of education; (iii) trusts for the advancement of religion; and (iv) trusts for other purposes beneficial to the community. ..... given that the word "home" in purpose b is capable of multiple meanings, including definition 2 (a fixed place of residence) and definition 6 (an institution looking after people who need care or have no home of their own), it is important to consider the contemporaneous evidence to ascertain koh's intent when the trust deed was drafted. 26. ..... the common law position has since been modified by s 64(1) of the trustees act (cap 337, 2005 rev ed), which provides that no trust shall be invalidated by reason that its purposes include some non-charitable and invalid purpose as well as some charitable purpose. ..... activities which do not in any way affect the public or any section of it are not charitable. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... in other statutes where it is used, such as the consumer protection act 68 of 2008 and the witness protection act 112 of 1998, there is no definition and, as in roux, the court will have to construe the legislation when the ..... however, this overlooked the fact that the meaning of the word minor in that section had already been the subject of a decision of this court in santam versekeringsmaatskappy bpk ..... as mr malcolm was a minor at the time of the expiry of the prescriptive period, completion of prescription was delayed in terms of ss 13(1)(a) and (i) of the act, which read: if (a) the creditor is a minor ; and (i) the relevant period of prescription would, but for the provisions of this subsection, be completed before or on, or within one year after, the day on which the relevant impediment referred ..... reasons, and whatever the precise scope of the always speaking principle in our law of statutory interpretation, it seems to me that it requires us to say that the word minor in s 13(1)(a) of the act now means a person under the age of 18 years and to that extent to depart from the decision in roux. ..... [2]for ms roux it was argued that, in the absence of a definition, a minor in its ordinary meaning was a person under the age ..... of the republic of south africa and another v hugo[1997] zacc 4; 1997 (4) sa 1 (cc) para 41; christian education south africa v minister of education [2000] zacc 11; 2000 (4) sa 757 (cc) para 43. ..... shange v mec for education, kwa-zulu-natal 2012 (2) sa 519 (kzd) .....
Tag this Judgment!Court : Supreme Court of India
..... the dismissal of the inspector-in-charge of tikiri police station and an assistant sub inspector attached to the said police station from service; the dismissal of two officials of the education department posted at rayagada and also the dismissal of accused netrananda dandasena from service by invoking proviso (b) to article 311 (2) of the constitution has also been highlighted as incidents of consequential action taken by the state besides ..... case no.92/2013 against netrananda dandasena under sections 449/450/302/120-b of the indian penal code and the investigation is being kept open to bring to book the other person who is alleged to have set the deceased ..... ) two officials of the education department namely dharanidhar behera, beo rayagada and iic beo kashipur were dismissed from service by order dated 05.11.2013 of the school & mass education department, govt. ..... the petitioner has stated that notwithstanding the several criminal acts committed, the accused was moving around freely; receiving his salary and had even been granted a promotion in ..... of a criminal case after the chargesheet has been filed in a competent court may affect the jurisdiction of the said court under section 173 (8) of the code of criminal procedure. ..... is the inaction on the part of the authorities that had emboldened the accused to commit the acts resulting in her death. ..... is also submitted that the complaints lodged by the deceased against the family members of the accused have been acted upon and tikiri p.s. .....
Tag this Judgment!Court : US Supreme Court
..... 250, 254 (1879) ( the purchasers or grantees of the united states took the fee of the lands patented to them subject to the easement created by the act of 1824; but on a discontinuance or abandonment of that right of way the entire and exclusive property, and right of enjoyment thereto, vested in the proprietors of ..... this case presents the question of what happens to a railroad s right of way granted under a particular statute the general railroad right-of-way act of 1875 when the railroad abandons it: does it go to the government, or to the private party who acquired the land underlying the right ..... specifically, the court held, the right of way did not confer the right to exploit subterranean resources, because the 1875 act could not have made clearer that the right of way extended only to surface lands: it provided that after the recordation of a right of way, all ..... majority canvasses the special role railroads played in the development of our nation, it concludes that we are bound by the common-law definitions that apply to more typical property. ..... the court found section 4 of the act especially persuasive, because it provided that all such lands over which such right of way shall pass shall be disposed of subject to such ..... discontinued, and that every consideration of public policy and equal justice to the whole people requires that the public lands should be held for the purpose of securing homesteads to actual settlers, and for educational purposes, as may be provided by law. .....
Tag this Judgment!Court : Supreme Court of India
..... it has been averred by the state that after coming into force of the right to children and compulsory education act, 2009 (rte act) recruitment of secondary grade and graduate teachers (bt assistants) (classes i to vii) is being made by holding a teacher s ..... further averred that, as computer instructors teach in higher secondary classes, in order to provide quality education, the government has introduced competitive examination to recruit teachers in all categories. ..... in the said decision was to relax the educational qualifications for such computer instructors, namely, the ..... according to the state, g.o.no.175 school education department dated 18.11.2011 has been issued for recruitment of post-graduate assistant teachers in higher secondary classes through written examination and certificate verification instead of the earlier method of recruiting teachers by following ..... (ms) no.332, school education department dated 11.12.2009, the teachers recruitment board needs considerable time to complete the process by following the procedure from the time of notification till the publication of ..... no.296 school education department dated 04.12.2013 has been issued directing the teachers recruitment board to fill up the 652 posts of computer instructors through a ..... 290, school education department, dated 06.12.2007 ..... no.66, school education department, dated 02.03.2009; (c) direct the correction of the figures appearing in paras 10, 12 & 14 of the judgment dated 09.07.2009 passed by this hon ble .....
Tag this Judgment!Court : Singapore Supreme Court
..... was drafted by the company secretarial services of ng, lee and associates read as follows: we, the undersigned, all being the lawful beneficiaries of the estate of [the father], deceased who died intestate on the 23rd day of august 1983, hereby consent to transfer our share of entitlements in the one (1) ordinary share of s$1.00 fully paid in lim tian siong enterprise pte ltd registered under the name of the estate of [the father], deceased to [d2] and ..... with the wing on life assurance co ltd 11,255.00dother property 1credit balance with the current account with [ltse]$1,521,424.57 2director's fee from [hup seng huat]3,000.00 3motor vehicles aa mercedes benz 1983 model ef 8989 d declared at120,000.00 less: outstanding loan80, 250.0039,750.00 bb mercedes benz 197 model ew 4542 x declared at20,000.00$1,584,174.57 $2,088,528.24property in respect of which the grant is ..... the plaintiff acknowledged that the family's expectation of her as the daughter was to have a "good education, find a good man, get married and have children".7 during the period 1981 to 1986, the plaintiff studied in hawaii where she obtained her first and graduate degrees before ..... section 14(1) of the uk finance act 1894 which is in pari materia with s 29(1) of the 1970 eda allows a beneficiary who has paid the estate duty (either in full or in part) to recover a rateable part of it from another person holds or has held a ..... such a definition would encompass donees of inter vivos gifts made by the father less than five .....
Tag this Judgment!Court : Supreme Court of India
..... if after integration, only the chances of promotion are affected, it would have been only a case of heartburn of an individual or a few individuals which is only to be ignored, as held by this court in tamil nadu education department ministerial and general subordinate services association and others v. ..... the rule/provision in an act merely affecting the chances of promotion would not be regarded as varying the conditions of service. .....
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