Court : Supreme Court of India
Decided on : Jan-24-2014
..... he submitted that the bombay high court thus appears to have held that clause 9 is opposed to public policy and, in particular, sections 23 and 28 of the indian contract act, 1872. he submitted that in any case the arbitration agreement contained in clause 9 of the facilitation deed cannot be held to be opposed to public policy and void ..... facilitation fees under the deed.4. taking cognizance of the same, bcci s governing council at its meeting held at mumbai, india on june 25, 2010 appropriately executed an amendment to media rights license agreement dated march 25, 2009 between bcci and our client by deleting, inter alia, clause 10.4 thereof.5. on its part, and in view ..... bench of the high court, therefore, that clause 9 of the facilitation deed is opposed to public policy and is void under sections 23 and 28 of the indian contract act, 1872 is clearly erroneous.32. the division bench of the high court has also held that as allegations of fraud and serious malpractices on the part of the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-27-2014
..... otherwise eligible for atsa immunity may not be deniedimmunity unless the statement is materially false. in new york times, we held that under the first amendment, a public official cannot recover for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with actual malice that ..... the opinion of the court. in 2001, congress created the transportation security administration (tsa) to assess and manage threats against air travel. aviation and transportation security act (atsa), 49 u. s. c. 44901 et seq. to ensure that thetsa would be informed of potential threats, congress gave airlines and their employees immunity ..... sued for defamation in colorado state court. air wisconsin moved for summary judgment and later for a directed verdict, relying on the aviation and transportation security act (atsa), which grants airlines and their employees immunity against civil liability for reporting suspicious behavior, 49 u. s. c. 44941(a), except where such .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-29-2014
..... the cognizance of the offence under the act shall not in any way prejudice the actions under the provisions of the indian penal code. the principal electricity act, 2003 was further amended by the electricity (amendment) act, 2007 and apart from other amendments in section 151 of the prinicipal act was also amended and provisions in sections 151, 151(a), ..... 151 (b) were inserted. in the statement of objects and reasons for amending the act, it was ..... cognizance of an offence without the accused being committed to it for trial.1. short title and commencement. (1) this act may be called the electricity (amendment) act, 2007.2. it shall come into force on such date as the central government may, by notification in the official gazette, appoint .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Jan-29-2014
..... )) contains the power to make rules for the purpose of carrying into effect part iii of the order whose title is "free legal aid in criminal proceedings". as amended, article 36(3) provides: "[the department of justice], after consultation with the lord chief justice, the attorney general and, where appropriate, the [relevant rules committee], ..... senior or junior counsel. they have been consistently informed that the absence of any allowance for preparation in the fixing of the fee level makes it unfeasible to act on behalf of the appellant for the payment specified. the statutory scheme 7. article 36(3) of the legal aid, advice and assistance (northern ireland) ..... there was therefore no possibility of departing from the stipulated fees. 6. following this exchange of correspondence, mr brownlee's solicitors tried to engage counsel to act for him on the sentencing hearing. this proved impossible. despite approaching various counsel, the chairman of the bar council and the bar's pro bono unit, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-30-2014
..... and prosecution under section 276cc, the former for depriving taxes due to the exchequer and later for the offence/infraction committed. as already indicated by the taxation laws (amendment) act, 1989, penalty provision under section 271(1)(a) had been deleted w.e.f. 01.04.1989 and a provision for levy of mandatory/compulsory interest under ..... person to file an income tax return in the prescribed form and in the prescribed manner. the direct tax laws (amendment) act, 1987 with effect from 01.04.1989 made various amendments to the income tax act, by which the assessing officer has no power to extend the time for filing a return of income under section 139 ..... was not willful, cannot be accepted.30. section 278e deals with the presumption as to culpable mental state, which was inserted by the taxation laws (amendment and miscellaneous provisions) act, 1986. the question is on whom the burden lies, either on the prosecution or the assessee, under section 278e to prove whether the assessee has .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-30-2014
..... concerned) on three occasions by the state of bombay or maharashtra, as the case may be.[2].16. the first amendment was by the indian forest (bombay amendment) act, 1948 being bombay act no.62 of 1948. by this amendment (which came into force on 4th december 1948), the three significant changes that we are concerned with were: (i) ..... (i) even according to the state, the disputed land was waste land and not a forest . this is significant since the indian forest act, 1927 did not apply to waste land (due to the indian forest (bombay amendment) act, 1948) with effect from 4th december 1948. (ii) it was acknowledged by the state that the disputed land (even if ..... issued. it must be recalled, at this stage, that the words or land under section 35(3) of the forest act had been deleted by the indian forest (bombay amendment) act, 1948 being bombay act no.62 of 1948 and, additionally therefore, such an objection could validly have been raised.31. consequently, the situation that presented itself in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-31-2014
..... health delivery system or guidelines with respect to occupational safety are in place. factories act, boilers act, employees state insurance act, compensation act, the water (prevention and control of pollution) act, the air (prevention and control of pollution) act, environmental protection act, etc. are in place, but the lack of proper health delivery system, evaluation ..... , polyacrylonitrile, glass fibres, graphite are available, the use of which may be explored. . compliance with the provisions of the environment (protection) act and its amendments from time to time applicable for the power plants with respect to emission and discharge, ash utilization and hazardous waste management should be ensured to ..... ahmadabad, gujarat.7. all employees to abide by the code of practice on occupational safety and health audit as developed by the bureau of indian standards.8. safe methods be followed for the handling, collection and disposal of hazardous waste to be recommended by nioh.9. appointment of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-03-2014
..... dealt with the issue of obscenity as an exception to freedom of speech and expression. the court held that the rejection of obscenity was implicit in the first amendment. noticing that sex and obscenity were held not to be synonymous with each other, the court held that only those sex-related materials which had the tendency ..... there was no ban in importing the german sports magazine stern into india. consequently, reproduction of any picture would fall within the general exception contained in section 79 ipc. reference was also made to letter dated 20th july, 1993 addressed by the assistant editor, sports world to the collector, calcutta customs and a copy of the ..... 251 cr.p.c. and ordered that they would be put to face the trial for the offence punishable under section 292 ipc alternatively under section 4 of the indecent representation of women (prohibition) act, 1986.9. the appellants herein preferred criminal revision no.1591 of 1994 before the high court of calcutta under section 482 cr .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-05-2014
..... felt to introduce a special legislation with a view to eradicate the evil of bribery and corruption from the society. consequently, the prevention of corruption act, 1947 was enacted, which was amended in the year 1964, based on the recommendations of the santhanam committee. parliament still felt that the anti-corruption laws should be made more effective, ..... with by the high court.20. we may, before examining the rival contentions raised by the parties, deal with the objects and reasons for enacting the pc act. the indian penal code has provided for punishment for the offence of bribery and corruption even against the public servants. parliament, in its wisdom, noticed that the penal ..... are arrayed as co-accused and some offences are under the pc act coupled with other offences under ipc, on death of a public servant, the offences under the pc act cannot be proceeded with and the trial court has to modify and/or alter and/or amend the charges. bombay high court has taken the view that once .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-07-2014
..... herein, challenged the recommendations of the wage boards and the notification dated 11.11.2011 mainly on the following grounds:- i) constitutional validity of the act and the amendment act, 1974. ii) improper constitution of the wage boards iii) irregularity in the procedure adopted by majithia wage boards. iv) majithia wage boards overlooked ..... attack on the constitutional validity based on article 14 cannot be accepted. challenge qua amendment act, 197421) the petitioners herein have also challenged the vires of the amendment act, 1974 on the ground that extending the benefit of the act to employees other than working journalists is against the object that was sought to be ..... the basis of gross revenue and relied on the observations in indian express newspapers (pvt.) ltd. (supra):- 16 in view of the amended definition of the newspaper establishment under section 2(d) which came into operation retrospectively from the inception of the act and the explanation added to section 10(4), and in .....
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