Court : Supreme Court of India
..... constitution mandated, and envisioned as a pledge to create an equal society, is constitutionally unsound. the amendment which introduces new reservations does not compensate : unlike the protective and compensatory reservations for socially and educationally backward classes (and sc/sts) who were discriminated systemically and who needed ..... decisions of this court, to the effect that when reservations are resorted to in promotions, leading to accelerated promotions, the non-reserved category of employees, upon their promotions should be permitted to retain or catch up their previous seniority].. the court made certain general observations which are relevant, and ..... the disjoining signs after end of the passage/paragraph have been generally avoided to maintain the continuity of discussion. 59 reforms act, 1963 which interfered with petitioner s rights to manage property under article 26. furthermore, the twenty-fourth, twenty-fifth and twenty-ninth constitutional amendments were also .....
Tag this Judgment!Court : US Supreme Court
..... that the limitations did not restrict an employee's right to express his views on political issues and candidates. 413 u.s. at 413 u. s. 561 , 413 u. s. 568 , 413 u. s. 575 -576, 413 u. s. 579 . see n 54, infra. [ footnote 30 ] the act's disclosure provisions are discussed in 424 u. s. infra. [ footnote 31 ] while ..... whom it may appoint without regard to the provisions of title 5, united states code, governing appointments in the competitive service, and page 424 u. s. 217 whose compensation it may fix without regard to the provisions of chapter 51 and subchapter iii of chapter 53 of such title. (b) recovery of certain payments ..... of columbia (but it may meet or exercise any of its powers anywhere in the united states). (f) staff director and general counsel; appointment and compensation; appointment and compensation of personnel and procurement of intermittent services by staff director; use of assistance, personnel, and facilities of federal agencies and departments. (1) the commission .....
Tag this Judgment!Court : US Supreme Court
..... the act of 1888, in directing federal courts to conform their practice and procedure in condemnation "as near as may be" to that of the state where the property is does not bind them to follow state statutes allowing interest on the award, interest in this case at 7% was properly included in fixing just compensation. p. 263 u. s. 86 ..... both those ousted and those in the remaining quarter, as well as the state, whose subordinate agency of government is the municipality, page 263 u. s. 83 are injured. a method of compensation by substitution would seem to be the best means of making the parties whole. the power of condemnation is necessary to such a substitution. the circumstances ..... valley land & water co. v. ryan, 190 f. 417, 424. the court said: "having such right to compensation at a given time, it would seem that the owner ought to have interest upon page 263 u. s. 85 the amount ascertained until paid. in the meanwhile, he can claim nothing for added improvements, nor is he entitled to .....
Tag this Judgment!Court : Supreme Court of India
..... | |houses provided for the | | | | | | | |m/o may-2012 as per | | | | | | | |agreement | | | | |31/05/201|50001| |being amount deposited | | |15,24,021.00 | |2 |91jv | |by sahara india | | | | | | | |employee s & employer s | | | | | | | |contribution pf, | | | | | | | |pension, adm chg on pf, | | | | | | | |edli for the m/o | | | | | | | |apr-2012 | | | | |31/05/201|50001| |being amount of edli | | |22,820 ..... to pay in equal terms unless their capacity to pay varies considerably. the payment may also vary depending upon the acts of each accused. reasonable period for payment of compensation, if necessary by installments, may also be given. the court may enforce the order by imposing sentence in default. ..... for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the fatal accidents act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from .....
Tag this Judgment!Court : US Supreme Court
..... -38. (a) the clause does not bar requiring an operator to provide compensation for a former employee's death or disability due to pneumoconiosis arising out of employment in its mines, even if the former employee terminated his employment in its mines before the act was passed. retrospective application of the act in this manner can be justified as serving to spread costs in a rational ..... economic rights and duties of employers and employees upon workmen's compensation principles analogous to those enacted here, regardless of contravening arrangements between employer and employee. new york central r. co. v. white, 243 u. s. 188 (1917); see also philadelphia, b. & w. r. co. v. schubert, 224 u. s. 603 (1912). to be sure, insofar as the act requires compensation for disabilities bred during employment terminated page .....
Tag this Judgment!Court : US Supreme Court
..... record here; it is conjured from the imagination. in fact, seattle apparently began to treat these different minority groups alike in response to the federal emergency school aid act s requirement that it do so. siqueland 116 117. see also hanawalt 31; pub. l. 95 561, tit. vi (1978) (prescribing percentage enrollment requirements for minority ..... that assigning elementary school students to two or more schools during their elementary school years had proved educationally unsound and, if continued, would undermine kentucky s newly adopted education reform act. it consequently conducted a nearly year-long review of its plan. in doing so, it consulted widely with parents and other members of the ..... clause of the fourteenth amendment. swann , supra , at 6; see also green v. school bd. of new kent cty. , 391 u. s. 430 , 435 (1968) ( [t]he state, acting through the local school board and school officials, organized and operated a dual system, part white and part negro. it was such dual systems that .....
Tag this Judgment!Court : US Supreme Court
..... hampshire supreme court is therefore affirmed. it is so ordered. notes 1 the term motor carrier is defined as a person providing motor vehicle transportation for compensation. (2006 ed., supp. v). we have previously recognized that tow trucks qualify as motor carriers under 14501(c)(1). columbus v. ours garage & wrecker service, ..... does not mean the sky is the limit. we have refused to read the preemption clause of the employee retirement income security act of 1974, 29 u. s. c. 1144(a), which supersedes state laws relate[d] to any employee benefit plan, with an uncritical literalism, else for all practical purposes pre-emption would never run its ..... cant degree) the services that motor carriers will pro- vide. rowe, 552 u. s., at 372 (internal quotation marks omitted). pelkey s claims are far removed from congress driving concern. he sued under state consumer protection and tort laws to gain compensation for the alleged unlawful disposal of his vehicle. the state laws in question hardly constrain .....
Tag this Judgment!Court : UK Supreme Court
..... , and in the transport for london case i suggested (at para 24) that the principle's vigour is now channelled and restrained by a much more complex statutory scheme (especially sections 14-17 of and schedule 1 to the land compensation act 1961). one way of looking at the principle is to see it as an answer (at ..... for the invasion of rights to tangible moveable or immoveable property (by detinue, conversion or trespass). 2. . 3. damages under lord cairns's act are intended to provide compensation for the court's decision not to grant equitable relief in the form of an order for specific performance or an injunction in cases where the court has jurisdiction to ..... and that they could have obtained a right to drill or maintain oil wells and pipelines through the appellant's land under sections 11 and 12 of the 1962 act, which provided for compensation under the 1961 act. the appellant's response is two-fold. the first is that, since neither the respondents nor their experts or lawyers thought .....
Tag this Judgment!Court : Supreme Court of India
..... 2) where the possession of any land or building, being property of the union, has been delivered in pursuance of section 20 of the displaced persons (compensation and rehabilitation) act, 1954 (44 of 1954) to a displaced persons, or any association of displaced person, whether incorporated or not, or to any other person [hereafter ..... to impose onerous terms upon firms, companies, trusts etc. by denying the benefit of self- occupation use to their properties in which their partners/directors/employees/trustees reside, and charging three times the property tax being charged from individual assessees. such impermissible impugned bye-laws have been made in utter disregard of ..... on website, to which objections have been invited. he also stated that after receiving and considering the objections, the matter would be finalized at ndmc s end. the respondent/assessee and some others also submitted their objections to the modified guidelines. these were looked into by the ndmc and decision thereon was .....
Tag this Judgment!Court : Supreme Court of India
..... and includes . a three judge bench judgment of this court in bharat coop. bank (mumbai) ltd. vs. coop. bank employees union, (2007) 4 scc685had occasion to consider section 2(bb) of industrial disputes act, 1947, which section used both the words means and includes . explaining both the expressions, following was laid down in paragraph 23 ..... becomes a shared household. it is quite possible that the husband and wife may have lived together in dozens of places e.g. with the husband's father, husband's paternal grandparents, his maternal parents, uncles, aunts, brothers, sisters, nephews, nieces, etc. if the interpretation canvassed by the learned counsel for the respondent ..... section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: provided that where a decree for any amount .....
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