Court : Singapore Supreme Court
Decided on : Jan-02-2014
..... showroom. 36. after reviewing the draft, the plaintiff wrote back on 7 and 8 march 2011 with queries on specific clauses and with proposed amendments. thus began the process of negotiating specific terms of a sub-lease for the premises. the defendant included a clause in the draft sub- ..... from fraudulent misrepresentations. it is however convenient for the analysis which follows to refer to three mutually-exclusive categories of misrepresentation: innocent, negligent and fraudulent. the act attaches liability in damages for negligent misrepresentation but not for innocent misrepresentation. john cartwright, misrepresentation, mistake and non disclosure (sweet and maxwell, 3rd ed, 2012 ..... in its decision in hedley byrne. in 1967, the english parliament created a statutory exception to this general rule in s 2(1) of the act. both exceptions apply to innocent misrepresentations which are made negligently. but the two exceptions are subject to different criteria. four of those differences are .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-10-2014
..... the state could not be withdrawn as the constitution (scheduled castes) order, 1950 did not make a distinction between the two categories of thandans till the amendment act of 2007 for the first time introduced such a difference.29. that apart the question of ouster of ezhuvas and thiyyas known as thandan on account ..... thandan was included as a scheduled caste for the entire state of kerala.23. consequent upon the promulgation of the scheduled castes and scheduled tribes orders (amendment) act, 1976, the kerala state government started receiving complaints alleging that a section of ezhuva/thiyya community of malabar areas and certain taluk of malabar districts who ..... that a large number of applications for change of caste name from thiyya to thandan had been received pursuant to the scheduled castes and scheduled tribes order (amendment) act, 1976 and ordered that all such certificates as were corrected on the basis of such applications after 27th july, 1977 ought to be scrutinized by a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-16-2014
..... used indiscriminately in a routine, casual and cavalier manner for the reason that an exception clause requires strict interpretation. the legislature introduced the imposition of minimum sentence by amendment in ipc w.e.f. 25-12-1983, therefore, the courts are bound to bear in mind the effect thereof. the court while exercising the discretion in the ..... in which the crime has been committed. conduct and state of mind of the accused and age of the sexually assaulted victim and the gravity of the criminal act are the factors of paramount importance. the court must exercise its discretion in imposing the punishment objectively considering the facts and circumstances of the case.24. the ..... singh vs. state of punjab (supra), cited by the learned counsel for the appellant, this court found that the prosecutrix was a consenting party to the act of sexual intercourse and that she had willingly left her parents house to be with the appellant but she was found to be not more than sixteen years of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-16-2014
..... conscious withdrawal/deletion of section 438 crpc by the legislature from the code of criminal procedure, by section 9 of the criminal procedure (uttar pradesh) amendment act, 1976, the relief which otherwise the appellant could not have obtained under the code, is sought to be obtained indirectly by invoking the writ jurisdiction ..... (1994) 3 scc569 wherein justice k.ramaswamy, speaking for the court, discussed the importance of life and liberty in the following words. the foundation of indian political and social democracy, as envisioned in the preamble of the constitution, rests on justice, equality, liberty and fraternity in secular and socialist republic in which ..... and learned additional government advocate. under challenge in the instant writ petition is fir relating to case crime no.797 of 2011, under sections 419 & 420 ipc, police station zaidpur, district barabanki. we have gone through the fir, which discloses commission of cognizable offence, as such, the same cannot be quashed. .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Jan-17-2014
..... language the court has used time and again to define the probable cause requisite for an arrest? (w. r. lafave, search and seizure: a treatise on the fourth amendment (5th ed. 2012), vol. 4, at 9.6(a)). as our american colleagues only recently affirmed, however, under terry, the police must harbor reasonable suspicion that ..... )). again, chehil makes clear that reasonable suspicion . . . engages [a] reasonable possibility, rather than probability? (para. 27 (emphasis added)). finally, mann required that an officer not be acting solely on a hunch? (para. 41 (emphasis added)). and again, chehil cautioned hunches . . . will [not] suffice? (para. 47 (emphasis added)). we know of no case that ..... safety of the public or the police is at stake. he acknowledged, however, that this power is limited to situations in which, in addition to acting within the general scope of their authority, [the police] have no other feasible less intrusive alternative?, and he added that the manner of carrying out .....
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 : Jan-21-2014
..... . by judgment dated 29.09.2001, the designated tada court, mysore convicted the accused persons for the offence punishable under tada as well as ipc and the arms act and sentenced them inter alia to undergo rigorous imprisonment for life.119) all the accused persons preferred criminal appeal being nos. 149-150 of 2002 ..... on united nations resolution against execution of death sentence, debate of the general assembly, the decisions of international court of justice, treaties, european conventions, 8th amendment in the united states which prohibits execution of death sentence on an insane person. in view of the well established laws both at national as well as ..... imposed on, the accused. in doing so, the president does not amend or modify or supersede the judicial record. the judicial record remains intact, and undisturbed. the president acts in a wholly different plane from that in which the court acted. he acts under a constitutional power, the nature of which is entirely different from the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-21-2014
..... this context, relating to this subject-matter, what is the true meaning of that words . 57. i respectfully adopt the reasoning of lord green in construing the expression the amendment of the constitution. 58. lord green is not alone in this approach. in bourne v. norwich crematorium, (1967) 2 all er576 578 it is observed: english words ..... 37(1) fastens a heavy liability regardless of fault has no force in depriving the forfeiture of the character of penalty. [8].56. in construing the expression amendment of this constitution i must look at the whole scheme of the constitution. it is not right to construe words in vacuum and then insert the meaning into an ..... proven guilt or suspicion of involvement in a certain specified activity prohibited by the customs act can only be a penalty attracting the prohibition of article 20 of the constitution of india. it is submitted that under section 53[6]. of the indian penal code, forfeiture of property is one of the prescribed punishments for some of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-23-2014
..... the admitted facts are the assessee purchases raw cotton by paying tax at the rate of 4 per cent. after such purchase, after ginning the cotton is put into boiler and its roughage is separated from cotton. the clean cotton thereafter is treated with caustic soda and acid slurry. after such treatment with the aforesaid chemicals, the cotton ..... court in the case of empire industries limited and ors. v. union of india and ors.,(1985) 2 scc314 wherein this court after exhaustively noticing the views of the indian courts, privy council and this court had stated as under: ".'manufacture' implies a change, but every change is not manufacture and yet every change of an article ..... that cotton is a commodity of special importance and must be taxed only once in terms of section 15 of the cst act. since the relevant entry has been amended vide successive notifications for each assessment year, we would analyse it sequentially. assessment year 1992-93 14. for the assessment year 1992-93, entry 16 as .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-23-2014
..... cases . the principal secretary, land revenue made a detailed note thereafter on 14.10.2009 referring to the amendment brought in by gujarat act no.7 of 1997 incorporating section 63aa in the bombay tenancy and agricultural lands act, 1948, and the developments in the present matter up to the noting made by the minister, that the ..... the same. in trilochan dev sharma vs. state of punjab reported in air2001sc2524what is observed by this court is relevant for our purpose in the system of indian democratic governance, as contemplated by the constitution, senior officials occupying key positions such as secretaries are not supposed to mortgage their own discretion, volition and decision making ..... the collector was, therefore, expected to hold an enquiry and pass appropriate order. this was a power coupled with a duty. a judgment of this court in indian council for enviro-legal action vs. union of india & ors. reported in 1996 (5) scc281 was relied upon to submit that a law is usually enacted .....
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