Court : Singapore Supreme Court
Decided on : Dec-31-2013
..... and form part of our standard trading conditions. highlights of these provisions are set out below. were they fairly brought to the notice of the plaintiff? 213. the foundational difficultly for the defendant in the present case is the fact that the quotation was never signed. where a contract is signed by the parties, and the contract contains ..... prevent flooding. a bailee's duty includes ensuring that the place where goods are stored is fit and proper (see chua keng mong v hong realty pte ltd and others [1993] 3 slr(r) 317 at [15], [16] and [20], a case involving dripping water). i am of the view that it is a matter of common sense ..... analysis just preceding, above at [212]-[226]), it is necessary to consider the plaintiff's arguments that these clauses were unenforceable pursuant to the application of the unfair contract terms act (cap 396, 1994 rev ed) ("ucta"). the plaintiff relied on s 3 of the ucta which reads as follows: liability arising in contract 3.(1) this section applies .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Dec-31-2013
..... the time of construction, the lta's predecessor, the mass rapid transit corporation, was expressly exempted from the provisions of part ii of the building control act 1973 (act 59 of 1973) ("the 1973 act") by virtue of the building control (exemption) order 1983, and therefore that the present regulations do not apply to amk station. the building control ( ..... failure to take reasonable care on the balance of probabilities. as stated by the court of appeal in teng ah kow and anor v ho sek chiu and ors [1993] 3 slr(r) 43 (at [22]): it seems to us settled law that the principle of res ipsa loquitur is no more than a rule of evidence ..... for doing so. these trackside signs have been modified and enhanced over the years. signs are posted to deter suicides. they state in four languages: "value life. act responsibly". a pre-recorded announcement is automatically broadcast in four languages about one minute before a train reaches the mrt station, reminding passengers to stand behind the yellow line. .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Dec-30-2013
..... in the seminal supreme court decision of banco nacional de cuba v sabbatino 376 us 398 (1964) ("sabbatino"). there the supreme court departed from the foundations of the act of state doctrine in oetjen and ricaud, holding (at 421) that the doctrine was not compelled by the inherent nature of sovereign authority or by ..... republic, and the court should therefore recognise the validity of the republic's title; and, (b) the human rights victims and the foundations were estopped from re-litigating the act of state doctrine by reason of the decision of the united states ninth circuit court of appeal in in re philippine national bank; philippine ..... forfeiture of the assets held by mrs marcos and the marcos estate, including the swiss deposits in the name of the foundations ("the forfeiture proceedings"). this petition was made under the provisions of republic act no 1379 ("ra 1379"), a statute governing the forfeiture of property that is unlawfully acquired by public officials and employees. .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-26-2013
..... february 1989, dismissed the appeal, thereby affirming the order passed by the competent authority under the act of 1976. the appellants being dissatisfied, thereafter challenged the order passed by the appellate authority by filing a special civil application no.408 of 1993 under articles 226 and 227 of the constitution of india. the learned single judge of this court ..... has been held to be original in nature. according to the judicial officers law lexicon, second edition by justice c.k. thakkar, original writ was the beginning or foundation of a real action at common law. it was a mandatory letter issuing out of the common law, or ordinary jurisdiction of the court of chancery, under the ..... its order is palpably wrong or one reached contrary to the rules of natural justice. it has, therefore, been held that the existence of a right will be the foundation to the exercise of the jurisdiction of the high court under art. 226; see state of orissa v. madan gopal, 1952 scr 28 : (air 1952 sc 12). .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-23-2013
..... of india. in support of his case, the learned counsel places reliance on the judgment of the hon'ble apex court in shriram scientific and industrial research foundation v. v.k.dhingra5 and the judgment of this court in binodlal sagarmal v. prem prakash gupta6. it eventually prayed by the learned counsel for the respondents ..... consideration the facts of the said case, directed hearing of cases together.13. in shriram scientific and industrial research foundation v. v.k.dhingra, the hon'ble'ble apex court while dealing with the provisions of delhi rent control act, 1958, categorically held as follows: ".4. the respondent filed an application under section 10 read with order ..... 7 rule 11 of the code of civil procedure for staying the proceedings of the suit till the disposal of eviction petition no.e-42 of 1993 pending before the court of the .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-20-2013
..... same and not any special consequences relatable to the pendency of a winding-up petition or an order made thereon.i am therefore of the opinion that the very foundation or the occasion for the court making an order referred to in sub-section (2) of section 536 is that there is a disposition of property made by ..... court must be confirmed.87.a division bench of this court in the case of a.v.krishna vs- karnataka leasing and commercial corporation limited reported in ilr 1993 kar 338 has held as under: 10.the concept of cause of action shall have to be understood by reference to the nature of the proceedings that could ..... the counsel for the respondent partly regarding admission of the company petition, without passing an order for admission he entertained the application filed under section 536(2) of the act and has passed the impugned order. therefore, the question for consideration is, whether maintainable even before such the an application company petition admitted.54.section 536(2) reads .....
Tag this Judgment!Court : Chennai
Decided on : Dec-20-2013
..... has been defined to mean every duty enforceable by law. what therefore, is the duty which is enforceable against a neighbour who violates the provisions of the goa panchayat raj act, 1993. will putting up a construction without taking a licence or by taking a licence and constructing contrary to the licence, give to the neighbour a right. does the person ..... court would have jurisdiction. under section 9, jurisdiction of the civil court to entertain all civil disputes, can be taken away by excluding its civil jurisdiction. goa panchayat raj act, 1993 has no provision excluding the jurisdiction of the civil court. earlier it has been discussed that there is also no implied ouster. under section 38 of the specific relief ..... .r.c.appa rao, his son m.p.appa rao and mrs.mamta appa rao w/o.late m.kishore appa rao. in the said partition deed dated 10.09.1993, the said m.r.c.appa rao was allotted with the flat in the ground-floor viz., g-1 measuring 2436 sqft (plinth area 2186 sq ft + common area .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-20-2013
..... 2003 the applicants filed arbitration petition bearing no. 266 of 2003 before the chief justice for appointment of arbitrator under clause 11(6) of the arbitration and conciliation act, 1996. by an order dated 20th february, 2004, designate of the chief justice appointed mr. shailesh shah as sole arbitrator. the respondents opposed appointment of the ..... have arisen on that date. reply to the notice was sent on 6th april, 1993. this did not amount to effective mutual consultation between the parties or acknowledgment. the claim petition under section 20 of the old act filed on 30th november, 1993 was held to be barred by time. there is no application filed in the present ..... case on the strength of article 137 of the limitation act which would apply to such petitions. the same could be filed within three .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-20-2013
..... to affect credibility of a witness. it is more often that ot that a relation would not conceal actual culprit and make allegations against an innocent person. foundation has to be laid if plea of false implication is make. in such cases, the court has to adopt a careful approach and analyse the evidence to ..... on the same day which was propounded before the notary public in hemstead. mr shah submits that citation was served on the defendant in the month of september 1993. defendant however did not file any caveat immediately. it is submitted that after plaintiff discharged his prevision advocate, plaintiff started appearing in person. one of the practicing ..... an opportunity to produce the said evidence, this court has drawn adverse inference against the plaintiff for withholding such evidence under section 114(g) of the evidence act and the issues are answered accordingly. defendant has proved that the last will and testament dated 26th may 1986 was not valid and issue no.6 is accordingly .....
Tag this Judgment!Court : Delhi
Decided on : Dec-20-2013
..... of the 2000 ugc regulations, which states that these regulations: shall apply to every university established or incorporated by or under a central act, provincial act or a state act, every institution holding a constituent or an affiliated college recognized by the commission, in consultation with the university concerned under clause (f) ..... public offices, not suitability of individual candidates, in proceedings under article 226 of the constitution of india. other decisions (r.k. jain v. union of india & ors. 1993 (4) scc119 dr. duryodhan sahu & ors. etc. etc. v. jitendra kumar mishra & ors. 1998 (7) scc273 dattaraj nathuji thaware v. state of maharashtra & ..... and falsely represented before the selection committee. for this, the petitioner relies on responses received from the three institutions under the right to information act, 2005, which have been brought on record. as regards the national university of juridical sciences, the petitioner argues that sivakumar did not teach any .....
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