Judgment Search Results Home > Cases Phrase: indian maritime university act 2008 Court: us supreme court Page 7 of about 2,579 results (0.106 seconds)

Zelia M.Xavier Fernandes E. Gonsalves. Vs. Joana Rodrigues and ors.

Court : Supreme Court of India

..... provisions contained in articles 1098 and 1108 of the 1860 code and section 5a of the income tax act give the appellant a participation in the profits of the contract and advantages like the apportionment of income ..... the present fact situation which concerns money affairs of husband and wife governed by the provisions contained in articles 1098 and 1108 of portuguese civil code, 1860 (`1860 code') and section 5a of the indian income tax act, 1961 (`income tax act'). 15. ..... in gulam yasin khan1 while construing section 15 (l) of the cp municipalities act, this court held that the interest or share has to be in the contract itself; mere relationship of a person with an employee of the municipal committee shall not justify the inference that such a person ..... while considering section 15(l) of the cp municipalities act which provided for the disqualifications to the elections of the municipal committees, this court in gulam yasin khan1 held that the purpose and the object of prescribing several disqualifications in that provision is to ..... the municipal committee, gulam yasin khan had an interest in the municipal committee and so he was disqualified from standing for election under clause (l) of section 15 of the central provinces and berar municipalities act, 1922 (for short, `cp municipalities ..... march 18, 2008, the respondent ..... 31, 2008, the ..... on march 28, 2008, the tender forms were opened in the office ..... raia -- invited bids for the collection of market fee within its jurisdiction for 2008-09. .....

In Re: the Delhi Laws Act, 1912, the Ajmer-merwara (Extension of Laws) ...

Court : Supreme Court of India

Reported in : [1951]2SCR747

..... purpose of making laws and regulations............to make laws and regulations for repealing, amending, or altering any laws or regulations whatever now in force or hereafter to be in force in the indian territories now under the dominion of her majesty, and to make laws and regulations for all persons, whether british or native, foreigners or others for all courts of justice whatever ..... legislative powers, and while conceding, in view of the privy council decisions already referred to, that the governor-general (whose legislative power in emergencies was co-extensive with that of the indian legislature) could not be regarded as a delegate of the imperial parliament and that, therefore, the maxim delegatus non potest delegare had no application, nevertheless expressed the opinion that ' ..... authorities discussed above and adopting the line of approach laid down there, i am of opinion that section 7 of the delhi laws act, 1912, fell within the general scope of the affirmative words of section 22 of the indian councils act, 1861, which conferred the law-making power on the governor-general in council and that the provision did not violate any of ..... that congress could not delegate legislative power to the president was a principle universally recognised as vital to the integrity and maintenance of the system of government ..... assigned by section 92 of the act of 1867 was also reiterated by lord watson when delivering the judgment of the privy council in the liquidators of the maritime bank of canada v .....

University of Kerala Vs. Council, Principals', Colleges, Kerala and Or ...

Court : Supreme Court of India

Reported in : JT2009(14)SC283; 2009(14)SCALE14

..... again lord woolf in his treatise on 'the pursuit of justice' {oxford university press 2008) appreciated the innovative steps taken by this court in the realm of environmental law by observing on this court's willingness to devise new remedies while ..... the main challenge in the writ petition before the high court was that the various universities in the state of kerala had issued directions by way of letters/circulars to conduct ..... and devising of remedies by this court lord woolf has said and which i quote:.the proactive action taken by the indian supreme court to protect the environment that i freely acknowledge could not be taken by english courts. ..... by the court, the court should have thereafter, instead of passing a judicial order directing implementation of the recommendations, sent it to the appropriate legislature or its delegate (which in this case is the university which can make delegated legislation in the form of statutes or ordinances). ..... it was clarified that this court was acting under article 32 of the constitution and the directions 'would be treated as the law declared by the court under ..... that no direction can be given, which would be contrary to the act and the rules.24. ..... amend the act and the rules ..... say that it is not possible for this court to give any directions for amending the act or the statutory rules. ..... 4 scc 187 : air 1990 sc 334, this court observed:there can be no doubt that an authority exercising legislative function cannot be directed to do a particular act. .....

Jeffrey J. Diermeier and anr. Vs. State of West Bengal and anr.

Court : Supreme Court of India

..... 2008) 3 scc 5749(2008) 3 scc 75313.shri venugopal also contended that the university at tripura, not being a party to the suit at the time of passing of the order by the high court was not bound by the said order, yet the statement in the advertisement that the continued unauthorized use of appellant's trademark through the sponsored universities is per se defamatory and has caused immense harm to the image and reputation of respondent no.2 in the eyes of the indian ..... was, thus, submitted that all the acts of the university were really the acts of respondent no.2 itself and, therefore, the advertisement issued for fresh admission by the university was clearly in breach of the order ..... of the institute of chartered financial analysts of india university, tripura act, 2004 (for short "the act"), it was clear that the university was nothing but an alter ego of respondent no.2. ..... in support of the contention, learned counsel referred to certain provisions of the act showing that it is respondent no.2 who appoints the chancellor of the university and in turn the chancellor appoints the vice-chancellor; under section 20 of the act, the board of governors consists of chancellor, vice-chancellor and three other persons nominated by respondent no.2; under section 21 of the act, the board of management consists of 9 persons of whom as many as 7 persons are ..... possible to lay down a rigid test for deciding whether an accused person acted in "good faith" and for "public good" under the said .....

Union of India and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Reported in : [2003]263ITR706(SC); [2003]132TAXMAN373(SC)

..... of any express or implied provision to the contrary, from claiming the rights, or becoming subject to the obligations, created by a treaty; for instance, if an anglo-american convention provided that professors on the staff of the universities of each country were exempt from taxation in respect of fees earned for lecturing in the other country, and any necessary changes in the tax laws were made, that privilege could be claimed by, or on behalf of, professors of ..... on the scope of the doctrine of stare decisis with reference to halsburys law of england and corpus juris secundum, pointing out that a decision which has been followed for a long period of time, and has been acted upon by persons in the formation of contracts or in the disposition of their property, or in the general conduct of affairs, or in legal procedure or in other ways, will generally be followed by courts of higher authority other ..... (d) conclusiveness of a certificate of residence issued by the mauritius tax authorities is neither contemplated under the dtac, nor under the income tax act; whether a statement is conclusive or not, must be provided under a legislative enactment such as the indian evidence act and cannot be determined by a mere circular issued by the central board of direct taxes;(e) 'treaty shopping', by which the resident of a third country takes advantage of the provisions of the agreement, is illegal ..... (elbs & oxford university press 5th ed. ..... that the principle of universality of taxation, i.e. .....

Osborn Vs. the Parole Board

Court : UK Supreme Court

..... the board's annual report for 2009-2010 records, in relation to determinate recall cases considered under the criminal justice and immigration act 2008, that of a total of 12,388 cases considered that year, only 145 were sent to an oral hearing: in other words, 1%. ..... at the material time, section 255c(4) of the 2003 act (as inserted by the criminal justice and immigration act 2008) imposed a duty upon the secretary of state to refer the recalled prisoner's case to the board. ..... in that regard, the court was referred to a study of the recall of determinate sentence prisoners which concluded that the single member panels were "little more than a rubber stamp" (padfield, understanding recall 2011, university of cambridge faculty of law research paper no 2/2013 (2013) p 40). ..... the frustration, anger and despair felt by prisoners who perceive the board's procedures as unfair, and the impact of those feelings upon their motivation and respect for authority (see padfield, understanding recall 2011, university of cambridge faculty of law research paper no 2/2013 (2013)). ..... by doing so the board will also fulfil its duty under section 6(1) of the human rights act 1998 to act compatibly with article 5(4) of the european convention for the protection of human rights and fundamental freedoms, in circumstances where that article is engaged. ..... as these can vary greatly from one case to another, it is impossible to lay down rules of universal application. .....

Sukhdev Singh, Oil and Natural Gas Commission, Life Insurance Corporat ...

Court : Supreme Court of India

Reported in : AIR1975SC1331; [1975(30)FLR283]; 1975LabIC881; (1975)ILLJ399SC; (1975)1SCC421; [1975]3SCR619

..... service of such employees or agents; the terms and condition of service of persons who have become employees of the corporation under section 11 of the act; the number, term of office and conditions of service of members of boards constituted under section 22 of the act; the manner in which the fund of the corporation shall be maintained the form and manner in which policies may be issued and contracts binding on the ..... of service of such employees or agents; the terms and conditions of service of persons who have become employees of the corporation under section 11 of the act; the number, term of office and conditions of service of members of boards constituted under section 22 of the act; the manner in which the fund of the corporation shall be maintained; the form and manner in which policies may be issued and contracts binding on the ..... binding directions to third parties not to prevent the employees of the commission from entering into their land and as disobedience of such directions is punishable under the relevant provision of the indian penal code since those employees are deemed to be public servants under section 21 of the indian penal code by virtue of section 27 of the act, the commission is an 'authority' within the meaning of the expression 'other authorities' in article 12.78. ..... a specialist surgeon was denied protection which is given to a hospital doctor; a university professor, as a servant has been denied the right to be heard, a dock labourer and an undergraduate .....

Syed Bashir-ud-dIn Qadri Vs. Nazir Ahmed Shah and ors.

Court : Supreme Court of India

Reported in : 2010(2)SCALE820

..... disengagement from the post of rehbar-e-taleem, the appellant preferred the special leave petition (now appeal) basically on the ground that the same was contrary to the provisions of section 22 of the 1998 act whereunder it has been provided that the government shall appoint in every establishment such percentage of vacancies not less than 3% for persons or class of persons with disabilities among which locomotor disability or cerebral palsy ..... , submitted that once the state government with the help of an expert committee identifies teaching posts to be suitable for appointment of candidates suffering from cerebral palsy in terms of section 21 of the 1998 act, then it would not be open for someone to contend that a person suffering from cerebral palsy, who is unable to write and whose speech is somewhat slurred, should be disqualified from teaching. mr. ..... the post of rehbar-e-taleem had not been mentioned as reserved in the scheme and would not, therefore, come within the scope of section 22 of the 1998 act, was not tenable, since it is only when exemption is granted under the proviso to section 22 by the state government that the reservation provision would cease ..... the appellant completed his graduation under the university of kashmir and was awarded a b.sc ..... by the university on 28th ..... of events, the disengagement of the appellant as rehbar-e-taleem by virtue of the order of the chief education officer, pulwama, dated 19th january, 2008, goes against the grain of the 1998 act. .....

Transocean Shipping Agency P. Ltd. Vs. Black Sea Shipping and ors.

Court : Supreme Court of India

Reported in : 1998(1)ARBLR228(SC); [1999]96CompCas367(SC); JT1998(1)SC101; 1998(1)SCALE86; (1998)2SCC281; [1998]1SCR130

..... the court held that india, before partition being a state signatory to the protocol on arbitration clauses set forth in the first schedule to the arbitration (protocol and convention) act, 1937 and to the convention on the execution of foreign arbitral awards set forth in the second schedule to that act, the obligations undertaken thereunder continue to bind india after india was constituted a dominion and they continue to bind india thereafter. ..... clause 7 of the agreement of 26.8.1983 contains an arbitration clause requiring the disputes, if not settled amicably, to be referred to the maritime arbitration commission of the ussr with the chamber of commerce and industry in moscow for arbitration in accordance with the rules and procedure of this commission.6 ..... the parties is under the old arbitration agreement of 26th of august, 1983 and, therefore, arbitration could only be in terms of the arbitration clause 7.1 of that agreement which required that the dispute should be referred to the maritime arbitration commission of the ussr with the chamber of commerce and industry in moscow. ..... the 1st respondent appointed the appellants as their agents in respect of their ships coming to and going from, indian ports on the terms and conditions stipulated therein. ..... in that case the court had relied upon the indian independence (international arrangements) orders, 1947. ..... as their shipping agents for the 1st respondent's business of shipping and carriage of goods to and from various indian ports. .....

Smt. Satya Vs. Shri Teja Singh

Court : Supreme Court of India

Reported in : AIR1975SC105; 1975CriLJ52; (1975)1SCC120; [1975]2SCR197

..... there is no system of private international law which can claim universal recognition and that explains why cheshire, for example, says that his book is concerned solely with that system which obtains in eneland, that is to say, with the rules that guide an english court whenever it ..... he spent a year in a new york university and then joined the utah state university where he studied for about 4 years for a doctorate ..... . he then joined the utah state university where he studied for his doctorate for ..... were cases of 'migratory' divorces and the court applied the universalist doctrine that questions of personal status depended, as a matter of 'universal jurisprudence', on the law of domicil.32 ..... . section 41 of the indian evidence act provides, to the extent material, that a final judgment of a competent court in the exercise of martimonial jurisdiction is conclusive proof that the legal character which it confers or takes away accrued or ceased at the time declared in ..... prevalent rules for recognition of foreign decree and though a new look at the le mesurier doctrine was imperative in a changed world, it is not easy on a reading of the five judgments in the indyka case to lay down a definitive act of rules as to when an english court will or will not recognise a foreign decree of divorce ..... spent a year in a new york university ..... it is another matter that the indian conflict of laws may require that the law of a foreign country ought to be applied in a given situation for deciding a case which contains a .....