Impossibility - Year 2011 - Judgments

Jun 23 2011 (FN)

Pliva, Inc. Vs. Mensing

Court: US Supreme Court

Decided on: Jun-23-2011

..... against pre emption the burden should fall on generic manufacturers to show that compliance was impossible on the particular facts of their case by holding that the possibility of possibility is ..... 8 in its decision below the eighth circuit suggested that the manufacturers could not show impossibility because federal law merely permitted them to sell generic drugs it did not require them .....

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Mar 09 2011 (FN)

Sienkiewicz (Administratrix of the Estate of Enid Costello Deceased) ( ...

Court: UK Supreme Court

Decided on: Mar-09-2011

..... the house in fairchild would justify holding each of the defendants liable notwithstanding the impossibility of proving causation on balance of probability thus the conundrum is answered by saying that ..... relevance in relation to causation in toxic torts it is often the basic impossibility of proving individual causation which distinguishes toxic tort cases from ordinary personal injury cases as .....

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May 06 2011 (TRI)

Madhya Pradesh Power Generation Company Ltd Vs. Madhya Pradesh Electri ...

Court: Appellate Tribunal for Electricity APTEL

Decided on: May-06-2011

..... the appellant has adopted the best possible methods to minimize these losses it is however impossible to completely eliminate such losses thereby reducing these losses to an extent compliant with the ..... been empowered to do under the delegated legislative authority on the same principle it is impossible for the tribunal to direct the sub ordinate legislative body to amend a subordinate legislation .....

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Jul 29 2011 (HC)

Super Cassetes Industries Ltd. Vs. Myspace Inc. and Another

Court: Delhi

Decided on: Jul-29-2011

..... upload anything the defendants being a facilitating entity cannot be held responsible due to its impossibility of monitoring each and every content over the internet unless the active participation of the ..... present matter the relief of omnibus injunction as sought by the plaintiff is not only impossible to comply with by the defendants due to the existing technological limitations but this honble .....

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May 11 2011 (FN)

R (on the Application of Adams) (Fc) (Appellant) Vs. Secretary of Stat ...

Court: UK Supreme Court

Decided on: May-11-2011

..... or not should not have been convicted the manifold reasons where this might happen were impossible and unnecessary to identify the common factor however was that something had gone seriously wrong ..... secretary of state must allow or reject the application in accordance with that test conviction impossible this heading is used to encompass some of the alternative ways of approaching the concept .....

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Apr 13 2011 (FN)

Baker (Respondent) Vs. Quantum Clothing Group Limited (Appellants) and ...

Court: UK Supreme Court

Decided on: Apr-13-2011

..... those against which the employer can and should take care it is unnecessary and perhaps impossible to give a comprehensive formula for identifying the line between the acceptable and the unacceptable ..... purpose it cannot be said that this reading of section 29 imposes an intolerable or impossible burden upon employers they have the opportunity of establishing that there were no practicable precautions .....

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Feb 23 2011 (HC)

World Sport Group (India) Private Limited Vs. the Board of Control for ...

Court: Mumbai

Decided on: Feb-23-2011

..... petitioner specific performance of the agreement making restitution difficult in the extreme if not virtually impossible in the event of the agreement not being ultimately upheld by a court or arbitral ..... petitioner specific performance of the agreement making restitution difficult in the extreme if not virtually impossible in the event of the agreement not being ultimately upheld by a court or .....

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Mar 24 2011 (HC)

M/S. L and T Komatsu Ltd., Bangalore, Rep. by Its Assistant General Ma ...

Court: Karnataka

Decided on: Mar-24-2011

..... survey report clearly states that the contract labour laws as it exists today makes it impossible for genuine small scale entrepreneurs to provide services to industries after initiating liberalization the government ..... by it and unless state assistance is made available it would a well neigh impossibility to meet the burden we are however unable to record our concurrence thereto pragmatism does .....

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Nov 09 2011 (FN)

Jones (Appellant) Vs. Kernott (Respondent)

Court: UK Supreme Court

Decided on: Nov-09-2011

..... which an intention is to be imputed to those where it was impossible to infer an intention rather he considered that it was proper ..... entered the lexicon of this area of law and it is probably impossible to discard it now 75 while the dichotomy between inferring and ..... would prefer to allow this appeal on the basis that it is impossible to infer that the parties intended that their shares in the .....

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Jul 13 2011 (FN)

Home Office (Appellant) Vs. Tariq (Respondent) and Home Office (Respon ...

Court: UK Supreme Court

Decided on: Jul-13-2011

..... in those instances where the claimant is known to be wholly undeserving but it is impossible to adduce evidence that would establish this because of national security considerations the respondent ..... effectively prosecuted without his knowing the sensitive information which public interest considerations make it impossible to disclose to him for example in a discrimination claim such as that of mr .....

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