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 the state could not be withdrawn as the constitution (scheduled castes) order, 1950 did not make a distinction between the two categories of thandans till the amendment act of 2007 for the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 : US Supreme Court
Decided on : Jan-14-2014
..... to independ-ent dealerships throughout the united states, including california. the question presented is whether the due process clause of the fourteenth amendment precludes the district court from exercising jurisdiction over daimler in this case, given the absence of any california connectionto the atrocities, perpetrators ..... expanding the permissible scope of state jurisdiction over foreign corporations and other nonresidents. ). for an early codification, see uniform interstate and international procedure act 1.02 (describing jurisdiction based on [e]nduring [r]elationship to encompass a person s domicile or a corporation s place of incorporation or ..... partner, joint venturer or employee of daimlerchrysler or any daimlerchrysler group company ; mbusa ha[s] no authority to make binding obligations for or act on behalf of daimlerchrysler or any daimlerchrysler group company. ibid. after allowing jurisdictional discovery on plaintiffs agency allegations, the district court granted daimler s .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-14-2014
..... further support to our conclusion. congress overriding concern in enacting cafa was with class actions. see preamble, 119stat. 4 (describing cafa as an [a]ct to amend the procedures that apply to consideration of interstate class actions ); cafa 2 (congress findings with respect to class actions). the mass action provision thus functions largely as ..... courts rather than federal courts. cafa 2. cafa accordingly loosened the requirements for diversity jurisdiction for two types of cases class actions and mass actions. the act defines class action to mean any civil action filed under rule 23 of the federal rules of civil procedure or similar state statute or rule of judicial ..... united states court of appeals for the fifth circuit [january 14, 2014] justice sotomayor delivered the opinion of the court. under the class action fairness act of 2005 (cafa or act), defendants in civil suits may remove mass actions from state to federal court. cafa defines a mass action as any civil action . . . in .....
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 .....
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