Court : UK Supreme Court
LORD HOPE The appellants are insurance companies, whose business includes the writing of employers' liability insurance policies. They undertake to indemnify the employer in respect of any liability incurred by it for harm or injury arising out of the employer's negligence. They have brought these proceedings to challenge the lawfulness of an Act of the Scottish Parliament which was passed on 11 March 2009, received the Royal Assent on 17 April 2009 and came into force on 17 June 2009. It is the Damages (Asbestos-related Conditions) (Scotland) Act 2009 ("the 2009 Act") which provides that asymptomatic pleural plaques, pleural thickening and asbestosis shall constitute, and shall be treated as always having constituted, actionable harm for the purposes of an action of damages for personal injury.It is no secret that the purpose of the 2009 Act was to reverse the decision of the House of Lords in Rothwell v Chemical and Insulating Co Ltd [2007] UKHL 39, [2008] AC 281 ("Rothwell"). In tha...
Tag this Judgment!Court : Supreme Court of India
1. Lafarge Surma Cement Ltd. (`LSCL' for short) is a company incorporated under the laws of Bangladesh. It has set up a cross-border cement manufacturing project at Chhatak in Bangladesh, which inter-alia has a captive limestone mine of 100Ha located at Phlangkaruh, Nongtrai, East Khasi Hills District in the State of Meghalaya. The mine is leased out in favour of Lafarge Umium Mining Pvt. Ltd. (`LUMPL' for short), which is an incorporated company under the Indian Companies Act, 1956 and which is a wholly owned subsidiary of LSCL. The entire produce of the said mine is used for production of cement at the manufacturing plant at Chhatak, Bangladesh under the agreement/arrangement between Government of India and Government of Bangladesh. There is no other source of limestone for LSCL except for the captive limestone mine situated at Nongtrai, East Khasi Hills District in the State of Meghalaya. The limestone as mined by LUMPL is conveyed from the mine situated at Nongtrai after crushing i...
Tag this Judgment!Court : Supreme Court of India
..... the fact that lawless violence, in response to violence by the maoist/naxalite insurgency, has not, and will not, solve the problems, and that instead it will only perpetuate the cycles of more violent, both intensive and extensive, insurgency and counter-insurgency. the death toll revealed by the government of chattisgarh is itself indicative of this. the fact that the ..... cycles of violence and counter-violence have now lasted nearly a decade ought to lead a reasonable person to conclude that the prognosis given by the expert committee of the planning .....
Tag this Judgment!Court : Orissa
..... of india. in this regard, the learned counsel for the petitioner disputing the aforesaid position of law placed reliance upon the decision of the apex court reported in kaiser-i-hind pvt. ltd. and others etc. v. national textile corporation ltd. and other etc. air 2002 sc 3404 in support of the proposition that the phrase used in article 254(2 .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... the provisions of clra act. captive mine at kuteshwar was of bokaro steel plant. when they demanded for regularization police authorities destroyed the union office and crushed more than 1000 cycles at the meeting place. the workers were terminated without compliance of provisions of section 25-n and 25-o of id act. the work was perennial. there was no justification ..... .& ors. 2009 air scw 317; parimal chandra raha and others vs. life insurance corporation of india and others air 1995 sc 1666; gujrat electricity board, thermal power station, ukai vs. hind mazdoor sabha and others air 1995 sc 1893; secretary, haryana state electricity vs. suresh and others board air 1999 sc 1160; state bank of india and ors. vs. state bank .....
Tag this Judgment!Court : US Supreme Court
..... 1 as protecting the privileges and immunities of citizens in the several states, harkening back to article iv, 2. see supra, at 28 29 (describing sen. howard s speech). these statements can be read to support the view that the privileges or immunities clause protects some or all the fundamental rights of citizens ..... to freedmen, and defined those privileges to include constitutional rights, such as the right to keep and bear arms. see 39th cong. globe 474 (remarks of sen. trumbull) (stating that the the late slaveholding states had enacted laws depriving persons of african descent of privileges which are essential to freemen, including prohibit[ing] ..... the fourteenth amendment unnecessary believed that blacks, as citizens, have equal right to protection, and to keep and bear arms for self-defense. id ., at 1073 (sen. james nye); see also foner 258 259.[ footnote 25 ] evidence from the period immediately following the ratification of the fourteenth amendment only confirms that the right to .....
Tag this Judgment!Court : US Supreme Court
..... to knowingly provide material support to the terrorist functions of foreign groups designated by a presidential finding to be engaged in terrorist activities. 142 cong. rec. s3354 (1996) (statement of sen. hatch) (emphasis added). he then added: i am convinced we have crafted a narrow but effective designation provision which meets these obligations while safeguarding the freedom to associate, which none .....
Tag this Judgment!Court : Delhi
1. Whether reporters of Local papers may be allowed to see the judgment? yes2. To be referred to the reporter or not? yes3. Whether the judgment should be reported yes in the Digest?ORDER.1. This writ petition inter alia raises the following questions for adjudication:(i) Whether a teacher in a recognized unaided private school can be compulsorily retired under Fundamental Rule 56(j) and not by way of penalty.(ii) If that be so, where does the remedy, if any, of the said teacher lie, before the Tribunal constituted under the Delhi School Education Act, 1973 or by way of a writ petition under Article 226 of the Constitution of India or otherwise.2. The petitioner was employed as a Trained Graduate Teacher (TGT) in East Point School, Vasundhara Enclave, Delhi-110 096, the Chairman of whose Managing Committee and Principal are respondents 2 & 3 respectively. It is the case of the petitioner that she had joined the respondent School, then also recognized under the School Act, w.e.f. 1st Ja...
Tag this Judgment!Court : Punjab and Haryana
Permod Kohli, J.I. General1. District Judiciary is the foundation of the judicial system upon which the whole edifice of the judicial institutions stands. Judiciary is the bulwark of the democratic system in India and reckons indubitably as the most potent institution in the triad, the executive and legislative being the other two pillars under the constitutional scheme. The selection/appointment to the Subordinate Judiciary thus assumes a great significance in the administration of justice. The administration of justice in turn depends upon the fairness of the appointments of the meritorious candidates necessary to keep and strengthen the faith in the judicial system. No doubt the appointments to any service should be fair and on merits and this is particularly so in case of judicial appointments. The reverence reposed in the judicial system makes it imperative that judicial appointments obtain a close scrutiny to dispel even the remotest apprehension in the minds of consumers of just...
Tag this Judgment!Court : Supreme Court of India
K.G. Balakrishnan, C.J.1. Leave granted in SLP (Crl.) Nos. 10 of 2006 and 6711 of 2007. 1. The legal questions in this batch of criminal appeals relate to the involuntary administration of certain scientific techniques, namely narcoanalysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test for the purpose of improving investigation efforts in criminal cases. This issue has received considerable attention since it involves tensions between the desirability of efficient investigation and the preservation of individual liberties. Ordinarily the judicial task is that of evaluating the rival contentions in order to arrive at a sound conclusion. However, the present case is not an ordinary dispute between private parties. It raises pertinent questions about the meaning and scope of fundamental rights which are available to all citizens. Therefore, we must examine the implications of permitting the use of the impugned techniques in a variety of settings.2. Objecti...
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