Imposing - Judgment Search Results

Regina Vs. Secretary of State for the Home Department (Appellant) Ex P ...

Court: House of Lords

..... to prevent persons from being subjected to penalties heavier than those which could have been imposed at the time of commission of the crime an obvious example is the increase in ..... convention the word applicable was intended to refer to the maximum sentence which could be imposed by law that interpretation is also borne out by the references in the travaux pr .....

Jm Mutual Fund and Jm Capital Vs. Securities and Exchange Board of Ind ...

Court: SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Reported in: (2005)3CompLJ544SAT

..... regulations curiously sebi advised certain modifications in the offer documents but did notice the penalty imposed on sponsors sebi asked the appellants whether any cases were pending against the appellants and ..... fund were eventually launched without making a disclosure in the offer documents of the penalties imposed on and proceedings against the sponsor 30 the jm fixed maturity plan was launched on .....

Sushanta Kumar Das Vs. Food Corporation of India and ors.

Court: Kolkata

Reported in: (2004)2CALLT133(HC),[2004(102)FLR886],(2004)IIILLJ1025Cal

..... counsel for the appellant contended that the respondent authority having issued the charge sheet for imposing major penalty and without conducting any enquiry as envisaged in regulation 58 could not have ..... under regulation 58 but without following the procedure prescribed thereunder a minor penalty has been imposed such action cannot be sustained 18 a distinction has been made under the regulations .....

Attorney General's Reference No 4 of 2002 (On Appeal from the Court of ...

Court: House of Lords

..... meaning to force majeure the trial court could also take account of extenuating circumstances when imposing penalties in the result the strasbourg court rejected the applicant s complaint that article 392 ..... the individual and the society as a whole rigid and inflexible standards should not be imposed on the legislature s attempts to resolve the difficult and intransigent problems with which society .....

R.C. Lal Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Jodhpur

Reported in: (2005)(2)SLJ207CAT

..... exclusively within the jurisdiction of the competent authority if the penalty can lawfully be imposed and is imposed on the proved misconduct the tribunal has no power to substitute its own ..... against the findings of inquiry officer and on the other hand a subordinate authority imposed penalty of compulsory retirement clearly holding that no clear cut defence representation was submitted .....

Household Credit Services, Inc. Vs. Pfennig

Court: US Supreme Court

..... even the surrounding language in 1605 before reaching its conclusion because petitioners would not have imposed the over limit fee had they not granted respondent s request for additional credit ..... officially calculated because over limit fees regardless of a creditor s particular billing practices are imposed only when a consumer exceeds his credit limit it is perfectly reasonable to characterize an .....

Blakely Vs. Washington

Court: US Supreme Court

..... a system assures uniformity but at intolerable costs first simple determinate sentencing systems impose identical punishments on people who committed their crimes in very different ways when dramatically ..... criminal conduct and real punishment and ultimately about the limitations that the court imposes upon legislatures ability to make democratic legislative decisions whatever the faults of guidelines .....

Deputy Commissioner of Income Tax Vs. Suresh Kumar

Court: Income Tax Appellate Tribunal ITAT Kolkata

Reported in: (2006)284ITR104(Kol.)

..... assessed undisclosed income exceeds the returned undisclosed income penalty shall be imposed on the excess portion in case of any addition the ..... of first proviso are fulfilled no penalty is to be imposed iii where all conditions of first proviso are fulfilled but ..... was concealment or inaccurate furnishing of the particulars he may impose the penalty 9 according to the learned author chaturvedi amp .....

Mrs. Manju Kataruka Vs. Income Tax Officer

Court: Income Tax Appellate Tribunal ITAT Kolkata

Reported in: (2005)94TTJ(Kol.)873

..... manner the explanation if any filed by the assessee before imposing any penalty under section 271f however the burden to prove ..... would also be another factor to be considered liberally before imposing penalty under section 271f further failure to file return when ..... proceedings is not applicable to the present case of penalty imposable under section 27if inasmuch as that decision was rendered in .....

D. Ramanjaneyulu Vs. the Additional General Manager,

Court: Central Administrative Tribunal CAT Hyderabad

Reported in: (2005)(1)SLJ180CAT

..... the additional general manager s c railway secunderabad 1st respondent imposing penalty of reduction to the lower grade post from ..... senior divisional mechanical engineer carriage and wagon guntakal 4th respondent imposed the penalty of reduction to the lower post pay scale ..... the disciplinary authority the respondents further contended that the penalty imposed on the applicant is a major penalty and it .....