Judgment Search Results Home > Cases Phrase: leeman s acts Sorted by: recent Court: us supreme court Page 1 of about 13,059 results (0.072 seconds)

Delhi Development Authority Vs. Tejpal

Court : Supreme Court of India

..... harak chand mistrimal solanki,2 in which a three-judge bench of this court held that offering payment to the landowner and depositing it with the reference court in case of certain contingencies under section 31(2) of the 1894 act, would fulfil the requirement of the compensation being paid .3 accordingly, depositing compensation with the government treasury was held to not constitute payment of compensation for purposes of section 24(2) of the 2 (2014) 3 scc183 para 17. ..... the period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing the periods prescribed under sections 23 (4) and 29a of the arbitration and conciliation act, 1996, section 12a of the commercial courts act, 2015 and provisos (b) and (c) of section 138 of the negotiable instruments act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination ..... similarly, the collector shall determine the market value of the building or assets attached with the land in accordance with section 29 of the 2013 act, and shall further award solatium in accordance with section 30 of the 2013 act; 111 (j) in the peculiar facts and circumstances of this case, since it is difficult to reverse the clock back, the compliance of chapter (v) pertaining to rehabilitation and resettlement award is hereby dispensed with; and (k) the expropriated land-owners .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... with the chief justice of india, transfer a judge from one high court to any other high court (2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963 , as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president ..... substance of this discussion is that mandatory consultation between the president and the chief justice of india postulated in the constitution is by-passed bringing about a huge alteration in the process of appointment of judges; the 99th constitution amendment act and the njac act have reduced the consultation process to a farce a meaningful participatory consultative process no longer exists; the shared responsibility between the president and the chief justice of india in the appointment of judges is passed on ..... be given a suitable indigenous designation, if necessary should exercise such functions as are given to him only on the advice of his federal ministry, barring a few very exceptional cases, to be specifically mentioned in the constitution act, where discretion is given to him to act on his own or on advice other than that of the federal ministry (1) for avoiding political or communal graft, or (2) for taking the initiative in the national interest, especially in exceptional and fast moving .....

Malalage Chaminda Tissa Peiris and Another Vs. Hettigedara Weerakoon, ...

Court : Sri Lanka Supreme Court

..... , particularly where torture resulting in personal injury is alleged to have been committed, next-of-kin such as a parent or the spouse may be the only persons able to apply to this court in the absence of an attorney-at-law who is prepared to act as a petitioner; and if such application is also supported by an affidavit of the detenu either accompanying the petition or filed subsequently which would make it possible to regard it as being virtually the application of the detenu himself this court may ..... his death occurred more than 4 years later, long after he was released from custody, and was for all appearances occasioned by his own voluntary act of suicide, which is a novus actus interveniens, meaning "an intervenient act" that would sever any pre-existing causal link. ..... he stressed that the causal link had been severed by a voluntary act of the petitioner, when he committed suicide more than 4 years after the alleged violation of article 11. ..... , natural, ordinary, grammatical and literal sense construed in this way, article 126(2) confers a recognized position only upon the person whose fundamental rights are alleged to have been violated and upon an attorney-at-law acting on behalf of such a person. .....

Namunukula Plantations Limited Vs. Minister of Lands, Govijana Mandira ...

Court : Sri Lanka Supreme Court

..... even if the appellant was correct in its position that in the absence of the approval of the relevant minister in terms of section 17(1) of the southern development authority act, the land in question cannot be acquired, in the absence of any explanation in regard to the significant delay of more than five years till 25th april 2005 when the appellant sought relief from the court of appeal, ..... , president of the court of appeal, who sat alone to hear this case, explained the utility of section 17(1) or the southern development authority act in the following words:- "by the above provision, the southern development authority of sri lanka is empowered to acquire land that is required by the authority for any of its purpose. ..... appellant has alleged in his petition filed in the court of appeal, it had first intimation of the proposed acquisition, which as would appear from p7 and p7a, had resulted in an order in terms of section 38 proviso (a) of the land acquisition act being made on or about 18th february 1999, almost six years prior to such alleged first intimation of acquisition proceedings. ..... in doing so, the court has carefully analysed the relevant provisions of the land acquisition act as well as the southern development authority act, and sought to distinguish between two types of acquisition, namely, one for a "development project" co-ordinated by the southern development authority within its designated area, and the other, for an identified public purpose, not being .....

Sumanasiri G. Liyanage and Others Vs. H.E. Mahinda Rajapakse and Other ...

Court : Sri Lanka Supreme Court

..... is to protect from harassment the person holding the high office of the executive head of state in regard to acts or omissions either in his official or private capacity during his tenure of the office of president. ..... taken in paragraphs 10 to 15 of the written submissions referred to above, counsel for the petitioners also made extensive submissions based on cases decided by this court on the principle that the acts of the president does not attract immunity under article 35 of the constitution. ..... jurisprudence of your lordships' court has recognised that the acts of the president can be challenged: ' in accordance with those principles, this court has reviewed the acts of the entire cabinet of ministers inclusive of the president ..... reiterated that, whatever the position as to the immunity of the actor, the acts/ omissions themselves would clearly be justiciable before your lordships' court. ..... makes the following observations in respect of the immunity granted to the president under article 35(1) of the constitution; "article 35(1) confers on the president during his tenure of office an absolute immunity in legal proceedings in regard to his official acts or omissions and also in respect of acts or omissions in his private capacity. ..... not see much relevance in the submissions made under the headings falling within paragraphs 10-15 of the petitioner's written submissions referred to above which are focused mainly on the question whether the acts or omissions of the president enjoy immunity. .....

Navanath and ors. Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : 2009(3)AWC2543(SC); 2009(4)BomCR182; JT2009(6)SC386; 2009(5)SCALE575:2009AIRSCW3611:2009(3)LHSC2114

..... tagadgaon itself and the sale instances in respect of the lands situated in the vicinity of the acquired lands, which took place on or about the date of notification under section 4 of the act, can be considered as comparable sale instances for arriving at adequate market value of the acquired lands.as regards bagayat and jirayat lands, the learned judge held the sale instance dated 25.4.1985 having been ..... cannot be said to have committed any error in holding that a survey was conducted prior to issuance of the notification under section 4 of the act, it can be presumed that the land owners planted fruit bearing trees for obtaining higher amount of compensation as has been observed by this court ..... in certain cases, the conduct of a person claiming higher amount of compensation by taking recourse to certain acts to show development of the lands for obtaining better compensation may be a subject matter of the judicial notice as has been ..... land has a statutory right to ask the collector by a written application that the matter be referred for determination of the court in regard to amount of compensation in terms of section 18 of the act while taking objection to the amount of compensation awarded by the collector. ..... that while the award of the reference court can be set aside having regard to the provisions contained in section 25 of the act, the amount of compensation awarded by the land acquisition officer in terms of section 11 of the act should not have been interfered with.23. .....

Rita Devi @ Rita Gupta W/O Late Shashi Bhushan Kumar Vs. National Insu ...

Court : Supreme Court of India

..... if the applicability clause in the mou is to be given a literal interpretation and the distinction between accidental result and accidental means is to be maintained, i come to the unescapable conclusion that the act of threatening by the armed miscreants was plainly covered by the expression 'external violent and any other visible means' and the deceased encountering those threats while he had gone to relieve himself was clearly ..... labour dispute is not limited to physical conduct or injury, but may include picketing conducted with misleading signs, false statements, erroneous publicity, and veiled threats by words and acts.if in labour disputes the expression violence may include veiled threats by words and acts, i see no reason why plain and open threats by armed miscreants may not come within the meaning of the word 'violent'.next the word 'visible' is defined ..... (1971) 2 qb 554, where a person intending to scare another with a gun shot him; held not accident), and cases where the cause (such as excessive drinking) although a deliberate act, led to the taking of a risk (such as dangerous driving) which was not deliberate and not appreciated but which was nevertheless the immediate cause of the event chief constable of west midlands ..... of the court rejected the claim and held that the claimant must demonstrate something unforeseen or unexpected in the act itself : "for here the carefully chosen words defining liability distinct between the result and external means which produces .....

Nagarathinam and ors. Vs. State Rep. by Inspector of Police

Court : Supreme Court of India

Reported in : AIR2006SC1736; 2006CriLJ2120; JT2006(4)SC288; 2006(4)SCALE92; (2006)9SCC57

..... (b) if the appellants, in view of the findings of the high court, were liable for the individual acts, section 34 of the code could not have been invoked, particularly in view of the fact: (i) none of the appellants were armed. ..... once it was held that the appellants were liable to be convicted only for their individual acts, the question was required to be addressed, in our opinion, differently. ..... not only the incident was fully described, the first information report discloses overt acts attributed to each of the appellants, as also the accused no. ..... state of west bengal reported in : air2006sc302 ], it was stated: for the purpose of attracting section 149 and/or 34 ipc, a specific overt act on the part of the accused is not necessary. ..... none of the appellants have been attributed of the said overt acts. ..... material to show that all the accused persons have committed offences under section 302 read with section 149 of the code, opined:therefore, the accused persons are liable to be convicted for their individual acts. .....

Mccreary County Vs. American Civil Liberties Union of Ky.

Court : US Supreme Court

..... s only response is that the inclusion of the ten commandments in a display about the foundations of american law reflects a purpose to call on citizens to act in prescribed ways as a personal response to divine authority, in a way that legislative prayer and the inclusion of a cr che in a holiday display ..... that true purpose is unknowable, and its search merely an excuse for courts to act selectively and unpredictably in picking out evidence of subjective intent, are as seismic as ..... the observer would no more think himself called upon to act in conformance with the commandments than he would think himself called upon to think and act like william bradford because of the courthouse posting of the mayflower compact especially when he is told that the exhibit consists of documents that ..... inscribed was his authorship of the virginia statute for religious freedom, a governmental act which begins whereas almighty god hath created the mind free . . . ..... surely not even the current sense of our society, recently reflected in an act of congress adopted unanimously by the senate and with only 5 nays in the ..... lemon s purpose requirement aims at preventing [government] from abandoning neutrality and acting with the intent of promoting a particular point of view in religious matters ) ..... very consideration of purpose is deceptive: according to them, true purpose is unknowable, and its search merely an excuse for courts to act selectively and unpredictably in picking out evidence of subjective intent. .....

Sosa Vs. Alvarez-machain

Court : US Supreme Court

..... , but he made it clear that a federal court was open for the prosecution of a tort action growing out of the episode: but there can be no doubt that the company or individuals who have been injured by these acts of hostility have a remedy by a civil suit in the courts of the united states; jurisdiction being expressly given to these courts in all cases where an alien sues for a tort only, in violation of the laws of nations, ..... the government s request that we read that phrase into the foreign country exception, when it is clear that congress knew how to specify act or omission when it wanted to, runs afoul of the usual rule that when the legislature uses certain language in one part of the statute and different language in another, the court assumes different meanings ..... the ninth circuit here was that, since alvarez s abduction in mexico was the direct result of wrongful acts of planning and direction by dea agents located in california, alvarez s abduction fits the headquarters doctrine like ..... footnote 15 being consistent with the prevailing understanding of international law, the 1781 resolution is sensibly understood as an act of international politics, for the recommendation was part of a program to assure the world that the new republic would ..... 2d 1311, 1318 (ca7 1978) (noting the alternatives of the place of the last act or omission having a causal effect, or the place of the act or omission having the most significant causal effect, but finding that both rules would lead to .....