Court : South Africa Supreme Court of Appeal
Decided on : Nov-29-2012
..... so. 86 i agree with the following opinion of justice traynor, speaking for the supreme court of california in in re hallinan 272 p 2d 768, 771 (1954): the fraudulent acquisition of another's property is but another form of theft in this state. we see no moral distinction between defrauding an individual and defrauding the government, and an attorney, whose .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-09-2012
..... whole incident. in that background, the supreme court passed the following observations: 16. we are in agreement with the submissions of the learned solicitor general. when the bonafides of a passenger carrying an unusually largesum, and his claims regarding the source and legitimacy, have to be verified,some delay and inconvenience is inevitable. the inspecting and investigating officers have to make ..... sure that the money was not intended for any illegal purpose. in such a situation, the rights of the passenger will have to yield to public interest. any bonafide measures taken in public interest, and to provide public safety or to prevent circulation of black money, cannot be objected as .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-05-2012
..... shall be disqualified for being chosen as and being office bearer of the panchayat. if he has encroached upon the land belonging to or taken on lease or acquisition or on behalf of the state government municipality panchayat etc, it is a ground on which he can be disqualified. it can be raised and decided, but, ..... these circumstances, the petitioner is disqualified and his seat was declared vacant by the order dated 25th july, 2011. 7. this order was challenged before the commissioner, konkan division who has concurred with the collector in holding that the construction that has been made is made on public property. the land reserved for cattle grazing is for ..... sides. 2. by this writ petition under articles 226 and 227 of the constitution of india, the petitioner is challenging the order passed by the additional commissioner, konkan division, in gram panchayat appeal no.441 of 2011 dated 31st h december 2011. that appeal challenges the order dated 25th july, 2011 of the collector, thane in .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Oct-24-2012
..... holdings plc ("navigator"), an isle of man company. navigator owned all the shares of an isle of man company which in turn owned companies which each owned one ship. 39. in 2003 navigator petitioned the us bankruptcy court for relief under chapter 11 of the us bankruptcy code, which allows insolvent companies, under supervision of the ..... vest the assets in the creditors was to vest the shares in navigator in their representatives, ie, the creditors' committee. that would enable them to control the shipping companies and implement the plan. the plan provided that upon entry of the confirmation order title to all the common stock of navigator would vest in the creditors' ..... law (2006) p575-581, less remarkable (although, as professor briggs also notes, it perhaps still poses problems of reconciliation with the house's decision in soci t eram shipping co ltd v hong kong and shanghai banking corp ltd [2003] ukhl 30, [2004] ac 260). but, because the actual decision in cambridge gas was so narrowly .....
Tag this Judgment!Court : Chennai
Decided on : Oct-19-2012
..... association of india v. union of india) and (1981) 2 scc 318 (international tourist corporation vs. state of haryana) in respect of levy of tax on passengers and goods under the haryana goods and passengers taxation act of 1952, as falling under entry 60 list ii and service tax levy under entry 92c/entry 97 list i and the decision reported in .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-11-2012
J.B. Pardiwala, J. Having regard to the nature of the relief prayed for in the main writ-petition, and also taking into consideration the fact that this Letters Patent Appeal is directed against an interim order, whereby the learned Single Judge has refused to grant interim relief, we decided to hear the main writ-petition itself, and is accordingly, being disposed of by this judgment and order. 2. This appeal is at the instance of a writ-petitioner, in a petition under Article 226 of the Constitution of India, and is directed against an order dated 10th September, 2012, passed by the learned Single Judge, in Special Civil Application No. 12145 of 2012, by which His Lordship admitted the writ-petition, making rule returnable on 8th October, 2012, but having regard to the nature of the dispute and the relief prayed for by the petitioner, interim relief as prayed for the release of the vehicle seized by the authorities under the provisions of the Gujarat Mineral (Prevention of Illegal Mi...
Tag this Judgment!Court : Chennai
Decided on : Sep-21-2012
(Prayer: Writ Petition in W.P.No.28305 of 2010 is filed under Article 226 of the Constitution of India seeking for the relief of issuance of writ of certiorarified mandamus calling for the reords of the 3rd respondent relating to the fee determined in respect of the petitioner School bearing R.C.No.8/PSFDC/PC/2010 dated 7.5.2010 and quash the same and consequentially forbear the respondents from taking any steps towards enforcing or imposing or otherwise issuing directions to the petitioner's school in the matter of collection of fees from tis students. Writ Petition in W.P.No.28306 of 2010 is filed under Article 226 of the Constitution of India seeking for the relief of issuance of writ of declaration declaring that the provisions enacted under Tamil Nadu Private Schools (Regulation of Collection of Fee) Act, 2009 is not applicable to petitioner school and any order passed or direction issued by the 3rd respondent in pursuant to the fixing of fees for the petitioner school as invalid....
Tag this Judgment!Court : Allahabad
Decided on : Sep-21-2012
..... namely, "excluding quasi- judicial and quasi-legislative executive functions of the union.," following amritlal's case, it was held that the union's functions under the land acquisition act could be validly entrusted to the state govt. 18.19 in considering art. 258 (1), shah j. said that it was necessary to remove a misconception ..... be no question that price fixation is ordinarily a legislative activity. price-fixation may occasionally assume an administrative or quasi-judicial character when it relates to acquisition or requisition of goods or property from individuals and it becomes necessary to fix the price separately in relation to such individuals. such situations may arise when ..... khetan vs. union of india; (2011) 2 scc 591: state of jharkhand. vs. pakur jagran manch; air 1976 delhi 166: jai narain. vs. the land acquisition collector and 2002 5 awc 4321: rakesh chandra srivastava. vs. sri santosh kumar mishra and ors. the cases referred by the learned counsels also deal with the extent .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-14-2012
Dr. B.S. CHAUHAN, J.1. This appeal has been preferred against the impugned judgment and order dated 1.4.2009, passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 399-DB of 2000, by which it has affirmed the judgment and order dated 21.8.2000 passed by the Sessions Judge, Ludhiana in Sessions Case No. 28 of 1996, convicting the appellant under Sections 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), and awarded him a sentence to undergo RI for life and to pay a fine of Rs.2,000/- and in default of this, to undergo further RI for a period of 3 months. The appellant has further been sentenced to undergo RI for two years and to pay a fine of Rs.1,000/- and in default of this, to undergo further RI for a period of 2 months under Section 201 IPC. It has further been directed that the sentences would run concurrently.2. The facts and circumstances giving rise to this appeal are as under:A. The appellant got married...
Tag this Judgment!Court : Chennai
Decided on : Sep-14-2012
(Prayer in W.P.No.8509 of 2012:Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Declaration, declaring the Central Electricity Regulatory Commission (Unscheduled Interchange Charges and Related Matters) (Second Amendment) Regulations, 2012, contained in Notification No.1(1)/2011-CERC, dated 5.3.2012, as arbitrary, unreasonable and ultra vires the Constitution of India and quash the same. Prayer in W.P.No.8510 of 2012:Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Declaration, declaring the Electricity Regulatory Commission (Indian Electricity Grid Code) (First Amendment) Regulations, 2012, contained in Notification No.1/18/2010-CERC, dated 5.3.2012, as arbitrary, unreasonable and ultra vires the Constitution of India and quash the same.) 1. Since the issues involved in both the writ petitions are similar in nature, they have been taken up together and common order is being passed. 2. Heard the learned counsels ap...
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