Court : US Supreme Court
..... amended, 29 u.s.c. 626(b). 33. employee retirement income security act of 1974, 88 stat. 891, as amended, 29 u.s.c. 1132(g). 34. multiple mineral development act, 68 stat. 710, 30 u.s.c. 526(e). 35. state and local fiscal assistance act of 1972, 86 stat. 919, as amended, 31 u.s.c. 6721(c). 36. longshoremen's and harbor workers' compensation act, 44 stat. 1438 ..... , as amended, 33 u.s.c. 928 .....
Tag this Judgment!Court : US Supreme Court
..... reimbursed the state for cleanup costs and sued respondent to recoup those costs under 104 and 106 of the comprehensive environmental response, compensation, and liability act of 1980 (cercla), 42 u.s.c. 9604 and 9606, claiming that respondent was liable because it and its predecessors had deposited the tar in the ground. ..... an "ultraplenary" grant of authority. see, e.g., in re mcvey trucking, supra, at 316. see also quern, supra, at 440 u. s. 343 (distinguishing employees (commerce clause) from fitzpatrick ( 5) only by reference to the clarity of the congressional intent expressed in the relevant statutes). pennsylyania attempts to bring this ..... that this statute was designed to be "comprehensive" in nature. 792 f.2d at 381 (summarizing respondent's contention below). but surely the federal employers' liability act ( welch ), the rehabilitation act ( atascadero ), and the flsa ( employees ) were all "comprehensive" statutes in their respective fields, and yet this was not enough to deem the .....
Tag this Judgment!Court : Supreme Court of India
..... revolving around the duty of a director, it is necessary that we balance the duty of a director, under section 166(2) to act in the best interests of the company, its employees, the shareholders, the community and the protection of environment, with the duties of a director nominated by an institution including a public charitable trust ..... exit option (though one may think of it as an expulsion option). after attacking article 75 before nclt, the s.p. group cannot ask this court to go into the question of fixation of fair value compensation for exercising an exit option. what is pleaded in paragraph 72 of the application for separation of ownership interests, require ..... of directing tata sons and others to cause a separation of ownership interests of the s.p. group in tata sons through a scheme of reduction of capital by extinguishing the shares held by the s.p. group in lieu of fair compensation effected through a transfer of proportionate shares of the underlying listed companies, with the .....
Tag this Judgment!Court : Supreme Court of India
..... po po po po po po po po no ad nc st ant st st ts st st st st st st st st e ti s po sa fi fil s s s s s s s s o on fi sts nc ll led fi fi fi fi fi fi fi fi f ed ll ti ed fro ll ll ll ll ll ..... for, and for any other relevant economic activity. strategies aimed at levelling the playing field may include the elimination of employment barriers such as adapting testing requirements to compensate for educational disadvantage or lack of work experience71; reviewing recruitment, selection and promotion procedures to ensure fairness in job competition72; accelerated and corrective training; and the transformation ..... formal qualifications, prior learning, relevant experience, or capacity to acquire, within a reasonable time, the ability to do the job.62. under the employment equity act, employers must consult with their employees and representative trade unions, after which an audit of employment policies and practices in the workplace must be undertaken. analysis of the information garnered in the .....
Tag this Judgment!Court : Supreme Court of India
..... transfer. further, their services shall continue to be governed by various rules and laws applicable to them prior to privatization. thus the salary/compensation and promotion of the erstwhile dvb employees in brpl are still governed by the rules and pay scales as specified by the gonctd. 4.109 in consideration of the above, ..... judgment of the aptel is sine qua non for exercise of jurisdiction by this court under section 125 of the 2003 act.28. the expression appeal has not been defined in the cpc. black s law dictionary (10th edn.) defines an appeal as a proceeding undertaken to have a decision reconsidered by bringing it to ..... transmission and distribution for determination of tariff. (3) the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of electricity during any specified period or the time at which the .....
Tag this Judgment!Court : Supreme Court of India
..... waqf property so alienated shall without prejudice to the provisions of any law for the time being in force, be vested in the board without any compensation therefor. (2) notwithstanding anything contained in the code of criminal procedure, 1973 any offence punishable under this section shall be cognizable and non-bailable. ..... ) in its report submitted to the prime minister on the 17th november, 2006 considered the aforementioned issue and suggested certain amendments to the act relating to women's representation, review of the composition of the central wakf council and the state wakf boards, a stringent and more effective approach to countering ..... corporation and state waqf development corporations so as to facilitate proper utilization of valuable waqf properties for the objectives intended. the committee recommended that the act should be amended so that the state waqf boards become effective and are empowered to properly deal with the removal of encroachments of waqf properties .....
Tag this Judgment!Court : US Supreme Court
..... jurisdiction over the subject matter of this action to recover for legal services rendered to the stockholders committee which are not compensable out of the assets of the debtor's estate, in a chapter x reorganization proceeding under the united states bankruptcy act?" 297 n.y. 201 at 204, 78 n.e.2d 472 at 473. the case is here on a petition ..... new york jurisdiction over the subject matter of this action to recover for legal services rendered to the stockholders committee which are not compensable out of the assets of the debtor's estate, in a chapter x reorganization proceeding under the united states bankruptcy act." read literally, i agree that the answer to that abstract question is "no." a committee organized under the .....
Tag this Judgment!Court : Supreme Court of India
..... shelf life for an indefinite period, there would have been no occasion for enacting section 90 of the government of india act, 1935 empowering the governor to enact a governor s act, since an appropriately drafted savings clause in an ordinance would serve the same purpose.54. appreciating this distinction, the constituent ..... ceased to operate are justified. however, these three ordinances did not and could not grant any enduring or irreversible right or benefits to the employees and the employees did not acquire any enduring or irreversible right or benefits under these three ordinances. any right or benefits acquired by them terminated when the ..... order of conviction may have been passed upon a trial. an acquisition of an industrial undertaking may be made. large-scale regularisation of contractual or casual employees may be effected. legalisation of unauthorised structures may be made. a myriad different situation can be contemplated. must every action under an ordinance produce binding .....
Tag this Judgment!Court : Supreme Court of India
..... the vehicle. for the period the vehicle remains under the control of the state and/or its officers, the owner is only entitled to payment of compensation therefor in terms of the act but he cannot not (sic) exercise any control thereupon. in a situation of this nature, this court must proceed on the presumption that parliament while ..... . proceeding further, the court ruled thus: "....... while the vehicle remains under requisition, the owner does not exercise any control thereover. the driver may still be the employee of the owner of the vehicle but he has to drive it as per the direction of the officer of the state, who is put in charge thereof. save ..... activities as a conductor on behalf of the corporation. when a claim was lodged before the tribunal, it allowed the claim petition placing reliance on kailash nath kothari's case. being aggrieved, the corporation preferred appeal and the owner of the bus also filed a cross-objection against the finding recorded by the tribunal holding therein .....
Tag this Judgment!Court : Supreme Court of India
..... should arise out of implementation of the enactments specified in schedule i.42. the tribunal has also jurisdiction under section 15(1)(a) of the act to provide relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in schedule i. further, under section 15(1)(b) and ..... to prevent, avoid or control the damage to environment, 13 (2004) 12 scc11834 natural resources and people's life, health and property, the principles of accountability for restoration and compensation have to be applied. 47. acting under the provisions of the epa, the central government had issued a notification on 14.09.2006, mandating ..... tribunal would not be read narrowly. an interpretation which furthers the interests of environment must be given a broader reading. (see kishsore lal v. chairman, employees' state insurance corpn. (2007) 4 scc579 para 17). the existence of the tribunal without its broad restorative powers under section 15(1)(c) read with section .....
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