Court : South Africa Supreme Court of Appeal
Decided on : Sep-30-2013
..... those cases would serve little purpose. the salient principles to be distilled from those cases appear in the judgment of harms aja in zweni v minister of law and order 1993 (1) sa 523 (a). it was said there (at 532j-533a) that a judgment or order is a decision which, as a general principle, has three attributes ..... failure to collect the notice, after adjourning the hearing, and prescribing the steps to be taken by the credit provider, the court may conclude that the consumer was acting in bad faith and enter judgment. the eastern cape high court, grahamstown (alkema j), faced with the same difficulties as those in this appeal, while agreeing with ..... of the new address by hand, registered mail, or electronic mail, if that other party has provided an email address. [8] the failure of the drafters of the act to be consistent in their use of terms, and their stated requirements, makes the interpretation of the nca extraordinarily difficult. the inconsistency, and the confusion that ensues, are .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Mar-28-2013
..... work and family situation. imprisonment should generally be imposed in instances where there is a need to remove the offender from society. nienaber ja pointed out in s v lister 1993 (2) sacr 228(a) at 232g that a prison is primarily an institution of punishment, not cure. and it is trite that punishment must fit the crime, ..... having by then concluded his address), the magistrate made the startling remark that (t)he defence also did not convince me in terms of s 12 (of the act) why if not i declared him unfit to possess a firearm. the appellants legal representative was thereupon asked to make submissions on this aspect, to which the magistrate replied ..... of society. [11] the question which arises next is what the benchmark sentences have been for similar offences in the past. an analysis of sentences passed under the act shows that non-custodial sentences are usually imposed for this particular offence, although each case must of course be decided on its own merits. thus in s v van .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-31-2013
..... statement which has been placed on record would indicate that if government grants are excluded, the petitioner has consistently had a deficit of expenditure over income since 1993-94. receipts by way of government grants have been excluded because those receipts cannot lead to the conclusion that the petitioner exists for the purposes of profit. ..... the purchase of library books and the improvement of infrastructure. with the advancement of technology, no college or institution can afford to remain stagnant. the income-tax act 1961 does not condition the grant of an exemption under section 10(23c) on the requirement that a college must maintain the status-quo, as it were, ..... mumbai and receives aid from the state government. a certificate of registration was granted to the petitioner on 11 december 1980 under section 12a of the income tax act, 1961. on 10 may 2004, the petitioner made an application for exemption under section 10 (23c)(vi) for assessment year 2003-04. by a communication dated .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-16-2013
..... joint registrar to supersede the board of directors or not.17. this court in indian administrative services (scs) association, u.p. v. union of india (1993 supp (1) scc 730), has laid down six propositions while examining the meaning of the expression consultation. we may add one more proposition that when the ..... pacs) involving rs.37.05 lacs had been reported. certain deficiencies in the banks functioning, like non-adherence to the provisions of the income tax act, lack of internal checks and control systems and unsatisfactory compliance to their previous inspection report, had also found a place in their inspection report, the copy ..... free universal association, democratically governed and conditioned by equity and personal liberty. first legislation in india relating to co-operative societies was the co-operative societies act, 1904, established for the purpose of credit only, but to extend the privilege of credit societies to other societies also a legislation with wider scope and .....
Tag this Judgment!Court : Delhi
Decided on : Jul-23-2013
..... versus the indira gandhi national open university & ors. .... respondent through + mr. aly mirza, adv. w.p.(c) 7045/2012 & cm nos.18257/12 & 19223/12 tirupati foundation trust ..... petitioners through mr. roopansh purohit, adv. versus the indira gandhi national open university & ors. .... respondent through + mr. aly mirza, adv. w.p.(c) 7046/2012 ..... was also to advertise the programmes.15. the respondent-indira gandhi national open university was set up under the indira gandhi national open university act, 1985, an act to establish and incorporate an open university at the national level for the introduction and promotion of open university and distance education system in ..... therefore, the mous/ agreements/ arrangements entered into by the university with the petitioners or with sapet, were illegal, being ultra vires to provisions of ignou act.20. the following issues primarily arose for consideration in these cases: (a) whether the ignou was competent to establish, either of its own or in .....
Tag this Judgment!Court : Kerala
Decided on : Jul-04-2013
..... for the purpose of fulfilling that object. the object should not be to make a profit, in as much as education is essentially charitable in nature.56. pai foundation (supra) lays down the principle that, for an admission in a professional institution including unaided professional institution, merit must play an important role. in the case of ..... court thus : "27. various judgment of this court have sought to carry forward, with greater clarity, the fundamental requirement as stated in t.m.a. pai foundation that the admission process should be fair, transparent and non-exploitative. every subsequent judgment of this court has attempted to elucidate one or other aspect of this principle." 28 ..... contention that the right to supervise and guide the entire process of admission under section 4(6) of the act 19 of 2006 does not take in the power to cancel an examination.15. in t.m.a. pai foundation v. state of karnataka : (2002) 8 scc 481.the supreme court formulated triple tests in respect of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-2013
..... udhr, iccpr and icescr which have been ratified by india. in particular the iccpr and icescr have been domesticated through enactment of section 2 of the protection of human rights act 1993 (francis coralie mullin v. administrator, ut of delhi (1981) 1 scc608 m. nagaraj v. uoi (2006) 8 scc212 maneka gandhi v. uoi (1978) 1 scc248 ..... now consider the question whether the high court was justified in entertaining challenge to section 377 ipc despite the fact that respondent no.1 had not laid factual foundation to support its challenge. this issue deserves to be prefaced by consideration of some precedents. in southern petrochemical industries v. electricity inspector (2007) 5 scc447 ..... is restored to these sexual minorities by doing away with discriminatory laws such as section 377 ipc it will not be possible to prevent hiv/aids, naz foundation filed wp(c) no.7455/2001 before the delhi high court impleading the government of nct of delhi; commissioner of police, delhi; delhi state aids control .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-11-2013
..... to be auctioned or have to be granted in accordance with the policy of the state and the provisions of the mmdr act and the mc rules?.64. mr. prashant bhushan, learned counsel for goa foundation, submitted that in article 39(b) of the constitution, it is provided that the ownership and control of the material ..... principal chief conservator of forests (central) and other relevant information/details, this court may take a decision. mr. prashant bhushan, learned counsel appearing for the goa foundation, submitted that there should be no mining activity within any national parks/wildlife sanctuaries or within 10 kms. from the boundaries of national parks and wildlife sanctuaries so ..... been transferred to this court. whether the leases held by the mining lessees have expired:12. according to the justice shah commission report, prior to 7th january, 1993, sub-rule (4) of rule 24a of the mc rules provided that the renewal application of the lessee is required to be disposed of within six months .....
Tag this Judgment!Court : Delhi
Decided on : Jun-07-2013
..... shall ensue to the plaintiffs if the said protection is not granted to the plaintiffs.29. accordingly, the defendants, their agents, representatives, assignes or any other persons acting on their behalf are restrained from releasing the home video version of the movie yeh jawaani hain deewani or any other version of the movie on cable television or ..... against the interest of his client.12. i have gone through the plaint, interim application and documents filed therewith. i find that the provisions of the trade mark act, 1999 explicitly provide for the infringement of the trade mark by way of spoken use if the representation is made to the public. this is evident from the following ..... * in the high court of delhi at new delhi % order delivered on: june 07, 2013 + cs(os) no.1225/2013 hamdard national foundation & anr ..... plaintiffs through mr.n.k.anand, advocate , mr.pravin anand, mr.dhruv anand & mr.achuthan sreekumar, advs. versus hussain dalal & ors through ..... defendants none coram: hon .....
Tag this Judgment!Court : Delhi
Decided on : Oct-29-2013
..... any distinction between different kind of foods and that this court has carved out a category of food called junk food and hence has violated the statutory scheme of the act which act has been opined by the supreme court in the decision dated october 03, 2013 in ca no.965-69/2008 hindustan cocacola beverages pvt. ltd. vs. santosh ..... review evidenced by the objection being raised to paragraph 8 of the order dated september 04, 2013, which reads as under: a perusal of the food safety and standards act, 2006 would reveal that the legislative concern is with respect to preservatives, additives, contaminants and other chemicals used in processed food. the legislative intent is to ensure that ..... $~16 * in the high court of delhi at new delhi % date of decision: october 29, 2013 + w.p.(c) 8568/2010 uday foundation for congenital defects and rare blood groups ..... petitioner represented by: mr.neeraj kishan kaul, sr.advocate (amicus curiae) with mr.amit saxena, advocate along with mr.kapil rustagi .....
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