Court : Chennai
(Prayer in both the O.Ps: Criminal Original Petitions filed under Section 482 Cr.P.C., seeking to call for the records, quash the private complaints in S.T.C.No.68 of 2012 and S.T.C.No.71 of 2012 respectively for offences under Section 138 of the Negotiable Instruments Act on the file of the learned Judicial Magistrate (Fast Track Court), Hosur.) Common Order 1. Whether a Public Charitable Trust is a juristic person and a company in terms of Section 141 of the Negotiable Instruments Act, 1881 is the issue involved in these petitions. 2. The petitioners are the accused Nos.1 and 3 to 9 in S.T.C No.71 of 2012 as well as in S.T.C. No.68 of 2012 on the file of the learned Judicial Magistrate (Fast Track Court), Hosur. Seeking to quash the said cases, the petitioners have come up with these Criminal Original Petitions. The common respondent in these Criminal Original Petitions is the complainant in both the cases before the Trial Court. 3. Since common issues have been raised in both these ...
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
ORDER (No. 91 of 2012) Prabha Sridevan, Chairman 1. A line from Tom Stoppards play, Night and Day, reads thus, Im with you on the free press. It is the newspapers I cant stand. The two newspapers before us obviously cannot stand each other. Though they nearly came to marrying each other in a manner of speaking, they have now fallen apart and are fighting legal battles. 2. The details of the five matters are as follows: (i) TRA/6/2005/TM/DEL is for cancellation of the mark, Financial Times registered in the name of the respondent (FTL, in short), under No.468937 in class 16. (ii) ORA/112/2006/TM/DEL is a rectification application filed by FTL against the mark, Financial Times registered in the name of Times Publishing House Limited (TPHL, in short) under No.587870 in class 16. (iii) OA/4/2006/TM/DEL is an appeal, filed by TPHL against the suo motu order of the Registrar cancelling the registration granted in favour of TPHL under No.587870 in class 16. (iv) ORA/64/2007/TM/DEL is a rectif...
Tag this Judgment!Court : Karnataka
1. The appellants-plaintiffs have preferred this Regular First Appeal challenging the judgment and decree of the trial Court dismissing their suit. Respondents 1 to 3 have also preferred a Cross Objection challenging the finding of the trial Court on issue Nos.12, 21, 23 and additional issue No.6. 2. The suit file under Section 92 of CPC is for settling a scheme for the proper and due administration and management of the properties of the United Basel Mission Church in India, South Kanara and Coorg, in respect of the plaint A, B, C, D and E Schedule properties and for other consequential reliefs. For the purpose of convenience, the parties are referred to as they are referred to in the original suit. PLEADING 3. The case of the plaintiffs is as under:- The United Basel Mission Church in India of district of South Kanara and Coorg, for short, hereinafter referred to as ‘UBMC’, is fully evolved evangelical Protestant Christian Church. It is an autonomous administrative unit, ...
Tag this Judgment!Court : US Supreme Court
Brown, et al. v. Plata, et al. SYLLABUS OCTOBER TERM, 2010 BROWN V. PLATA SUPREME COURT OF THE UNITED STATES BROWN, GOVERNOR OF CALIFORNIA, etal. v . PLATA etal. appeal from the united states district courts for the eastern and northern districts of california No. 091233.Argued November 30, 2010Decided May 23, 2011 Californias prisons are designed to house a population just under 80,000, but at the time of the decision under review the population was almost double that. The resulting conditions are the subject of two federal class actions. In Coleman v. Brown, filed in 1990, the District Court found that prisoners with serious mental illness do not receive minimal, adequate care. A Special Master appointed to oversee remedial efforts reported 12 years later that the state of mental health care in Californias prisons was deteriorating due to increased overcrowding. In Plata v. Brown , filed in 2001, the State conceded that deficiencies in prison medical care violated ...
Tag this Judgment!Court : International Court of Justice ICJ
1. On 12 August 2008, the Government of Georgia filed in the Registry of the Court an Application instituting proceedings against the Russian Federation in respect of a dispute concerning œactions on and around the territory of Georgia? in breach of the International Convention on the Elimination of All Forms of Racial Discrimination (hereinafter œCERD?) of 21 December 1965. In its Application, Georgia, referring to Article 36, paragraph 1, of the Statute, relied on Article 22 of CERD to found the jurisdiction of the Court and also reserved the right to invoke Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948 as an additional basis for jurisdiction. 2. In accordance with Article 40, paragraph 2, of the Statute, the Application was communicated forthwith to the Government of the Russian Federation by the Registrar; and, in accordance with paragraph 3 of that Article, all States entitled to appear before the Court were n...
Tag this Judgment!Court : US Supreme Court
McDonald v. Chicago - 08-1521 (2010) SYLLABUS OCTOBER TERM, 2009 MCDONALD V. CHICAGO SUPREME COURT OF THE UNITED STATES McDONALD etal. v . CITY OF CHICAGO, ILLINOIS, etal. certiorari to the united states court of appeals for the seventh circuit No. 081521.Argued March 2, 2010Decided June 28, 2010 Two years ago, in District of Columbia v. Heller , 554 U. S. ___, this Court held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense and struck down a District of Columbia law that banned the possession of handguns in the home. Chicago (hereinafter City) and the village of Oak Park, a Chicago suburb, have laws effectively banning handgun possession by almost all private citizens. After Heller , petitioners filed this federal suit against the City, which was consolidated with two related actions, alleging that the Citys handgun ban has left them vulnerable to criminals. They sought a declaration that the ban and several related Ci...
Tag this Judgment!Court : Karnataka
B.S. Patil, J.1. These two writ appeals arise out of the common judgment dated 03.09.2003 passed by the learned Single Judge in a batch of writ petitions. W.A. No. 6812/2003 is filed by the Indian Telephone Industries Limited, Bangalore (hereinafter referred to as ITI, for short), whereas W.A. No. 2024/2004 is filed by the employees of ITI.2. ITI is a public sector undertaking of the Central Government established during the year 1948 which is functioning under the administrative control of the Union Ministry of Communications and Information Technology. It is a company registered under the Mysore Companies Act, 1938. It has seven manufacturing units located at different parts of the country. Three of its units are located in Uttar Pradesh, Two in Karnataka, and One each in Kerala and Jammu & Kashmir. The company was initially producing electromechanical products i.e., strowger and crossbar telephone exchanges. It gradually switched over to manufacture of state of art electronic teleco...
Tag this Judgment!Court : US Supreme Court
District of Columbia v. Heller - 07-290 (2008) SYLLABUS OCTOBER TERM, 2007 DISTRICT OF COLUMBIA V. HELLER SUPREME COURT OF THE UNITED STATES DISTRICT OF COLUMBIA etal. v . HELLER certiorari to the united states court of appeals for the district of columbia circuit No. 07290.Argued March 18, 2008Decided June 26, 2008 District of Columbia law bans handgun possession by making it a crime to carry an unregistered firearm and prohibiting the registration of handguns; provides separately that no person may carry an unlicensed handgun, but authorizes the police chief to issue 1-year licenses; and requires residents to keep lawfully owned firearms unloaded and dissembled or bound by a trigger lock or similar device. Respondent Heller, a D.C. special policeman, applied to register a handgun he wished to keep at home, but the District refused. He filed this suit seeking, on Second Amendment grounds, to enjoin the city from enforcing the bar on handgun registration, the licensing requi...
Tag this Judgment!Court : US Supreme Court
Boumediene v. Bush - 06-1195 (2008) SYLLABUS OCTOBER TERM, 2007 BOUMEDIENE V. BUSH SUPREME COURT OF THE UNITED STATES BOUMEDIENE etal. v . BUSH, PRESIDENT OF THE UNITED STATES, etal. certiorari to the united states court of appeals for the district of columbia circuit No. 061195.Argued December 5, 2007Decided June 12, 2008* In the Authorization for Use of Military Force (AUMF), Congress empowered the President to use all necessary and appropriate force against those he determines planned, authorized, committed, or aided the terrorist attacks on September 11, 2001. In Hamdi v. Rumsfeld , 542 U. S. 507 , 518, 588589, five Justices recognized that detaining individuals captured while fighting against the United States in Afghanistan for the duration of that conflict was a fundamental and accepted incident to war. Thereafter, the Defense Department established Combatant Status Review Tribunals (CSRTs) to determine whether individuals detained at the U. S. Naval Station at ...
Tag this Judgment!Court : International Court of Justice ICJ
1. By joint letter dated 24 July 2003, filed in the Registry of the Court on the same day, the Ministers for Foreign Affairs of Malaysia and the Republic of Singapore (hereinafter œSingapore?) notified to the Registrar a Special Agreement between the two States, signed at Putrajaya on 6 February 2003 and having entered into force on 9 May 2003, the date of the exchange of instruments of ratification. 2. The text of the Special Agreement reads as follows : œThe Government of Malaysia and the Government of the Republic of Singapore (hereinafter referred to as the Parties) ; Considering that a dispute has arisen between them regarding sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge; Desiring that this dispute should be settled by the International Court of Justice (hereinafter referred to as the Court) ; Have agreed as follows : M. S. Tiwari, Principal Senior State Counsel au cabinet de lAttorney-General de la Rpublique de Singapour, M. Lionel Yee,...
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