Court : UK Supreme Court
..... 16h, that "occasional residence" was the converse of "ordinary residence" and he cited, at p 17d, the statement of lord scarman in r v barnet london borough council, ex p nilish shah [1983] 2 ac 309, 343 that "ordinary residence" referred "to a man's abode in a particular place or country which he has adopted ..... to collect taxes which are properly payable in accordance with current legislation but it is also responsible for managing the tax system: section 1 of the taxes management act 1970. inherent in the duty of management is a wide discretion. although the discretion is bounded by the primary duty (r(wilkinson) v inland revenue comrs [ ..... the booklet was operative and indeed during the years for which assessments have been raised against the appellants. the section was section 334 of the income and corporation taxes act 1988 and it provided as follows: "commonwealth citizens and others temporarily abroad every commonwealth citizen or citizen of the republic of ireland (a) shall, if his .....
Tag this Judgment!Court : UK Supreme Court
..... not attained the age of 18 and that there were no such exceptional, compassionate circumstances as would justify a discretionary grant. on 1 may 2009, acting by the joint council for the welfare of immigrants, the first respondent sought a fresh decision on the basis that his wife had by then attained the age of 18 ..... choice as being other than a colossal interference with the rights of the respondents to respect for their family life, however exiguous the latter might be.but central to this appeal is mr mccullough's reliance in this regard on the decision of the ecthr in abdulaziz v united kingdom(1985) 7 ehrr 471. three ..... karma nirvana's evidence before it, the evidence of other eu countries imposing similar minimum age requirements for sponsoring marriages, the 2003 ec directive (and the 2008 council report on its application) recognising that such requirements are widely regarded as helping to prevent forced marriages, the original, never disputed, increase in the age requirement for .....
Tag this Judgment!Court : Delhi
..... admission and the fixing of the fee, was not correct, and to that extent, the said decision and the consequent direction given to ugc, aicte, medical council of india, central and state government, etc., are overruled." 24. mr. sundaram also pointed out that in the case of t.m.a. pai (supra), question no. ..... private unaided recognized school to utilize its surplus in a particular manner, i.e. to meet the liabilities arising out of the vith central pay commission. the provisions of 1973 act and rules (rules 172 to 178) specifically provide that income derived from collections for specific purposes shall be spent only for such purpose ..... accounting operates within legal framework. therefore, banking, insurance and electricity companies have their own form of balance-sheets unlike balance-sheets prescribed for companies under the companies act 1956. therefore, we have to look at the accounts of non- business organizations like schools, hospitals etc. in the light of the statute in question." .....
Tag this Judgment!Court : UK Supreme Court
..... original eec member states in 1973. the brussels convention was enacted into united kingdom law by the 1982 act and the relevant provisions came into force in 1987, and are now contained in the brussels i regulation (council regulation (ec) no 44/2001). the effect is that the mo ambique rule has been superseded, as ..... to comprise articles whose purpose is primarily functional, and which cannot therefore qualify as sculpture. the relative significance of the functional and the artistic is central to this appeal. the speeches in hensher, difficult though they are, show a general inclination to start with the ordinary meaning of the words ..... in the united states. in 2005 lucasfilm sued mr ainsworth in the united states district court, central district of california, and in 2006 it obtained a default judgment for $20m, $10m of which represented triple damages under the lanham act. the whole judgment remains unsatisfied. lucasfilm also commenced proceedings in the chancery division of the english .....
Tag this Judgment!Court : Supreme Court of India
..... based on its finding that the existing regulations and policies of noida were violated. iii. whether the allotments violate the regulations/policies of noida? 30. the central government requested the governments of uttar pradesh and haryana to encourage the high segment hotel industry and add to the available room capacity in areas adjoining delhi, ..... voidable because it was caused by a mistake as to any law in force in india. therefore, having regard to the provisions of transfer of property act and contract act, a transfer can not be cancelled on the ground that parties were mistaken about the consideration. 63. the position is however different in public law ..... 3 star hotels in noida, district gautam budh nagar, uttar pradesh. the said authority was constituted under the provisions of the u.p.industrial area development act, 1976 (`act' for short) for development of an industrial and urban township of noida in uttar pradesh, neighbouring delhi. 2. tourism was granted the status of an .....
Tag this Judgment!Court : US Supreme Court
..... violence in video games and interactive media (2005), online at http:// www.apa.org / about / governance / council / policy/ interactive-media.pdf. the association added: [t]he practice, repetition, and rewards for acts of violence may be more conducive to increasing aggressive behavior among children and youth than passively watching violence on tv and ..... video games for disfavored treatment at least when compared to booksellers, cartoonists, and movie producers and has given no persuasive reason why. the act is also seriously underinclusive in another respect and a respect that renders irrelevant the contentions of the concurrence and the dissents that video games ..... purporting to show a connection between exposure to violent video games and harmful effects on children do not prove that such exposure causes minors to act aggressively. any demonstrated effects are both small and indistinguishable from effects produced by other media. since california has declined to restrict those other .....
Tag this Judgment!Court : UK Supreme Court
..... sufficient to displace that view. in matters of statutory construction, the statutory purpose and the general scheme by which it is to be put into effect are of central importance. they represent the context in which individual words are to be understood. in this area as in the area of contractual construction, "the notion of words ..... given to the phrase in issue is the correct one. carnwath lj expressed one reason for this in isle of anglesey county council v welsh ministers [2009] ewca civ 94, [2010] qb 163: "where an act has been interpreted in a particular way without dissent over a long period, those interested should be able to continue to ..... making the amendment, misunderstood the general scheme of the original legislation, with the effect of creating a palpable anomaly (see eg the principle that provisions in a later act in pari materia with an earlier may be used to aid the construction of the former, discussed in bennion on statutory interpretation, 5th ed (2008), section 234). .....
Tag this Judgment!Court : Chennai
..... by the workman, the onus of proof would shift on to the employer to show that the employee concerned was in fact gainfully employed.in municipal council, sujanpur v. surinder kumar, (2006) 5 scc 173, this court held:the labour court and the high court also proceeded wrongly on the ..... and assessments for tamil nadu, which involves interaction with the counsels, preparation and compilation of the documents received from various department; all matters pertaining to central sales tax assessments for four years; and attending assessment hearings representing the management and therefore, according to the management, the employee was not a workman ..... termination from service, he was designated as senior accountant. however, according to him, he is a workman as per section 2(s) of the act and his responsibilities were maintaining electrical machines factory accounts, administration department accounts and pay roll section, apart from the responsibilities of attending to reconciliation of general .....
Tag this Judgment!Court : Delhi
..... after january 2008. it is also submitted that the aforesaid set of agreements, were agreements with ihf, which is a registered society. even if its governing council had been suspended, the respondent did not cease to exist, and the ad-hoc committee appointed by the indian olympic association was still in existence to administer ..... directors of the petitioner company has not passed a legally binding resolution to initiate the present proceedings against the respondent, and to authorize mr. rajput to act on behalf of the petitioner company in these proceedings. 14. the submission of the respondent is that under the subscription and shareholders agreement dated 31.12. ..... relief could have been granted, in any event, to the petitioner. 2. the respondent-ihf, as noted hereinabove, is a society registered under the societies registration act. it is the national sports federation (nsf) for the management, control and promotion of the sport of field hockey in india. its objective is to promote, .....
Tag this Judgment!Court : Karnataka
..... st ate/authority tree from all encumbrances and such status of the property is incapable of being altered by fiction of law either by the state act or by the central act. both these acts do not contain any provision in terms of which property, once and absolutely, vested in the state can be reverted to the owner on any ..... to any future additions or amendments, which might be made by altogether a different legislature, be it parliament to the land acquisition act 1894. the procedure for acquisition under the bda act vis-a-vis the central act has been analyzed elaborately by the division bench, as noticed supra, in our view, very rightly too. considered to constitute a ..... issued under section 17 is required to be sent to the government through the local authority, which is defined under the 1987 act and in section 2(n] to mean a municipal corporation or a municipal council constituted or continued under any law for the time being in force, which is obliged to forward the same to the .....
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