Court : Canada Supreme Court
Decided on : Mar-21-2014
..... ), as that court was also located in ottawa. at the time, there were only two judges on the exchequer court the judge? and the assistant judge? (an act to amend the exchequer court act, s.c. 1912, c. 21, s. 1). [137] importantly, the assistant judge at the time was a judge from quebec. appointing any judge of the exchequer court ..... in 1949, when the number of judges of the court increased to nine and the ratio of quebec judges was preserved by increasing their number to three: an act to amend the supreme court act, s.c. 1949 (2nd sess.), c. 37, s.1. [26] the current text of ss. 5 and 6 dates to the statutory revisions of 1985. ..... the eligibility requirements set out in s. 6 relate to the composition of the court and are, therefore, constitutionally protected. under s. 41(d) of the constitution act, 1982, any amendment in relation to the composition of the supreme court of canada may only be made by proclamation issued by the governor general under the great seal of canada authorized .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Mar-28-2014
..... be dispositive of this point raised by tanzer. moreover, in imperial bank ltd v barnard and others nno,[12]the court was faced with an application for an amendment of the particulars of claim to reflect the name of the close corporation where the liquidators had been cited in their own names followed by the letters nno. ..... state logistics over all other creditors of the company and that fraud unravels all. the liquidators have accepted that the directors, in paying state logistics r4 500 000, acted improperly. as has already been mentioned, they have instituted an action to recover that amount. [32] it is common cause that the company has no staff, has ..... completed a statement of affairs reflecting that as at 13 february 2009 the company was hopelessly insolvent and that its liabilities exceeded its assets. section 352 of the act provides that the voluntary winding-up of a company commences at the time of registration of the special resolution. [6] the liquidators estimated that as at the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-07-2014
..... of these contempt petitions with the following directions: (i) the combined gradation list issued on 17.8.2007 is revived and is to be acted upon and implemented by the respondents/ authorities, or suitable amendment in the alternative be made in rule 27 of 2014 rules giving option to the teachers also, as permitted to other sub cadres. (ii) ..... necessary for the state to file an appeal in this court against the judgment of the learned single judge when the matter was already seized of the division bench. indian airports employees union v. ranjan chatterjee and another, [(1999) 2 scc537 7. it is well settled that disobedience of orders of the court, in order to amount ..... form of solution suggested by him, it is not necessary for us to give directions to the administration to make all consequential amendments in the 2014 rules. mr. patwalia, submitted that if rule 27 is amended to give option to the teachers as well, the petitioners would be satisfied with the same. we are of the opinion that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-17-2014
..... official gazette, vest the management of a public trust in a committee of management to be constituted by it. before the said amendment, the old act contained the word shall in place of may . thus, before the amendment, it was compulsory for the government to constitute a committee which was diluted by introducing the provision as may .36. sub-section ..... satisfaction and necessity felt by the government. it is brought to our notice that the notification was issued by the government invoking unamended section 53 of the act. the said section has now been amended on 12.10.2007, where the government was given discretion to appoint or not to appoint the committee. we have gone through the ..... amended section 53 of the act wherein the word may has been substituted in the place of shall . the assistant commissioner has already passed an order and the same is subject matter of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-21-2014
..... .f. 6th february, 2003. the object and reasons for the said amendment act are of some importance and are given below :- 1. the negotiable instruments act, 1881 was amended by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 wherein a new chapter xvii was incorporated for penalties in case ..... section, ".debt or other liability". means a legally enforceable debt or other liability. 7. this court in electronics trade & technology development corporation ltd., secunderabad v. indian technologists & engineers (electronics) (p) ltd. and another (1996) 2 scc739 held as follows: 6. ..the object of bringing section 138 on statute appears ..... others respondents judgment k.s. radhakrishnan, j.1. this writ petition, under article 32 of the constitution of india, has been preferred by the indian banks association (iba) along with punjab national bank and another, seeking the following reliefs :- a. laying down appropriate guidelines/directions to be followed .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-28-2014
..... with rapid modernization such crime persists in our society. keeping in view this dreadful increase in crime against women, the code of criminal procedure has been specifically amended by recent amendment dated 03.02.2013 in order to advance the safeguards for women in such circumstances which are as under:- 154. information in cognizable cases. (1) x ..... refers to bhayek soren which needs to be explained. he also submitted that the electronic documents (e-mail) need to be duly certified under section 65a of the indian evidence act, 1872. finally, he pointed out that the aspect as to whether there was a larger conspiracy must also be seen.7) mr. anip sachthey, learned counsel ..... that section 154 of the code requires such fir to be recorded by a woman police officer or a woman officer and, in addition, as per the latest amendment dated 03.02.2013, a woman officer should record the statements under section 161 of the code. while highlighting the relevant provisions, he also submitted that there .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-12-2014
..... this chapter were made inapplicable in case of search initiated under section 132 or section 132a after 31.05.2003 by introduction of an amendment to the chapter as section 158bi vide the finance act, 2003 with effect from 01.06.2003. the lis before us requires examination of the provisions of the said chapter, particularly section ..... effectuate the object and purpose of the statute and not defeat the same (whitney v. commissioners of inland revenue 1926 a c37, cit v. mahaliram ramjidas (1940) 8 itr442 indian united mills ltd. v. commissioner of excess profits tax, bombay [1955]. 27 itr20sc), and gursahai saigal v. cit, punjab [1963]. 1 itr48sc); commissioner of wealthtax, ..... object and purpose of the statute and not defeat the same. (whitney v. commissioners of inland revenue1926 a c37 cit v. mahaliram ramjidas(1940) 8 itr442#160;, indian united mills ltd. v.commissioner of excess profitstax, bombay, [1955]. 27 itr20sc) and gursahai saigal v.cit, punjab, [1963]. 1 itr48sc). 37. it is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-06-2014
..... to be the mother tongue.25. after the recommendations of the state reorganization commission, 1955, article 350a was inserted in the constitution by the constitution (viith amendment) act. article 350a reads: it shall be the endeavour of every state and of every local authority within the state to provide adequate facilities for instruction in the ..... involve risks of abuse. but the framers of the constitution may well have reflected with madison who was the leading spirit in the preparation of the first amendment of the federal constitution , that it is better leave a few of its noxious branches to their luxuriant growth than, by pruning them away, to injure ..... cited state of bombay v. bombay education society & ors. [air1954sc561 wherein a constitution bench of this court has held that a minority group such as the anglo-indian community, which is based, inter alia, on religion and language, has the fundamental right to conserve its language, script and culture under article 29(1) and has .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-29-2014
..... 1990) 1 scc12 this court not only held that the levy of the cess was ultra vires the power of state legislature brought about by an amendment to madras village panchayat amendment act, 1964 but also directed that the state would not be liable for any refund of the amount of that cess which has been paid or already ..... provided a channel for senior assistant and senior stenographer in andhra pradesh ministerial service working in the head offices of labour department and those in factories and boiler departments besides those in the subordinate offices in the said departments for appointment by transfer to the post of assistant labour officer. the tribunal also struck ..... had its origin in another country and had been invoked in different circumstances. the court sounded a note of caution in the application of the doctrine to indian conditions as is evident from the following passage appearing in golak nath s case (supra) where this court laid down the parameters within which the power could .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-05-2014
..... appellants therein. hence, i approve of the conviction of the accused appellants under sections 304a, 337, 338 read with section 36 of the indian penal code ( ipc for short) and section 14 of the indian cinematograph act, 1952.2. however, when it comes to determination and imposition of sentence on the appellants due to their gross criminal negligence, i find ..... v. the state of maharashtra and anr. (1969) 3 scc166where this court observed: in our view the criminal procedure code gives ample power to the courts to alter or amend a charge whether by the trial court or by the appellate court provided that the accused has not face a charge for a new offence or is not prejudiced ..... the period the repair work was being done. after the chimney fell down a number of officers visited the spot and inspected the bakery. the chief inspector of boilers was of the opinion that the cause of the collapse of the chimney was the explosion which occurred in it because of the products of combustion and gases .....
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