Court : UK Supreme Court
LORD PHILLIPS (WITH WHOM LADY HALE, LORD BROWN, LORD KERR AND LORD WILSON AGREE) 1. This is a judgment in two appeals that this Court heard together. They raise issues as to the scope of the powers conferred by the Proceeds of Crime Act 2002 ("POCA"). They arise out of attempts by the respondent ("SOCA"), acting apparently on its own initiative, to deprive the first appellant ("Mr Perry"), together with members of his family or entities associated with them, of the fruits of serious criminal fraud for which Mr Perry has been convicted in Israel, wherever in the world those fruits may be found. SOCA intends to achieve this aim by invoking the powers of civil recovery conferred on the High Court by Part 5 of POCA. So far, however, it has not got beyond preliminary steps aimed at ensuring that the substantive relief which it seeks is effective. One of those steps has been obtaining a worldwide property freezing order in respect of property held by the appellants in appeal 0143. I shall ca...
Tag this Judgment!Court : Chennai
Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of Mandamus, directing the respondents 1 and 2 to remove the encroachments made in Plot No.290A, Avvai Nagar, (New ASTC HUDCO), Hosur-635 109, Dharmapuri District by the 3rd respondent or any other person and retain the above said plot as park as per the site plan of Tamilnadu Housing Board, Hosur Housing Unit approved by the Director of Town and Country Planning.O R D E R1. Temple, constructed in a place earmarked for a park under a Scheme, is being used as a shield, against the law of encroachment.2. Petitioner has sought for a mandamus, directing the respondents 1 and 2 to remove the encroachments made in Plot No.290A, Avvai Nagar, (New ASTC HUDCO), Hosur-635 109, Dharmapuri District by the 3rd respondent or any other person and retain the above said plot as park as per the site plan of Tamilnadu Housing Board, Hosur Housing Unit approved by the Director of Town and Country Plannin...
Tag this Judgment!Court : US Supreme Court
Nat'l Fed'n of Indep. Bus. v. Sebelius NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus NATIONAL FEDERATION OF INDEPENDENT BUSINESS etal. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, etal. certiorari to the united states court of appeals for the eleventh circuit No. 11393.Argued March 26, 27, 28, 2012Decided June 28, 2012[ 1 ] In 2010, Congress enacted the Patient Protection and Affordable Care Act in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision is the individual mandate, which requires most Americans to maintain minimum essential healt...
Tag this Judgment!Court : Chennai
WP 21933/2011:Writ petition filed under Article 226 of Constitution of India praying for issue of a Writ of Certiorarified Mandamus, calling for the entire records in connection with the impugned notification issued by the first respondent in GSR No.218(E) published in Gazette of India Extraordinary Part II-Section 3-Sub-section (i) dated 16.3.2011 in so far as it relates to item No.(i), i.e., Gatifloxacin formulation of systemic use in human by any route including oral and injectable and direct the respondents to review the prohibition after giving an opportunity to the petitioner.WP 25442/2011:Writ petition filed under Article 226 of Constitution of India praying for issue of a Writ of Certiorarified Mandamus, calling for the entire records in connection with the impugned notification issued by the first respondent in GSR No.218(E) published in Gazette of India Extraordinary Part II-Section 3-Sub-section (i) No.139, dated 16.3.2011 and to quash the same in so far as it relates to ite...
Tag this Judgment!Court : Andhra Pradesh
COMMON ORDER: In this batch of writ petitions, the proceedings initiated under the Land Acquisition Act, 1894 (for short ‘the Act’) for acquisition of land in different survey numbers of Vattinagulapally Village, Rajendranagar Mandal, Ranga Reddy District are challenged. The notification under Section 4(1) of the Act was published on 16.03.2005. It was mentioned that the land is needed for the public purpose of establishment of IT Park and other related projects by the A.P. Industrial Infrastructure Corporation Limited (for short ‘the Corporation’). In the course of enquiry under Section 5-A of the Act, objection was raised to the acquisition on several grounds. The principal ground urged by the petitioners was that the Government of A.P. in the Municipal Administration Department issued G.O.Ms.No.111 dated 08.03.1996 in respect of the catchment area of Osmansagar and Himayatsagar lakes, prohibiting development of any kind whatever within...
Tag this Judgment!Court : Kolkata
SANJIB BANERJEE, J. Years of waiting to be paid its dues and the perceived daylight robbery in the company have prompted this petitioning-creditor to seek the immediate appointment of a provisional liquidator over the company even as the matter as to whether the company should be wound up is pending consideration. The petitioning-creditor asserts that if there is any modicum of corporate decency that the law in this country recognises and there is any meaning left to the principle of rule of law, there cannot be any second thoughts on its immediate prayer. The petitioning-creditor says that the conduct of those in management of the company makes a mockery of the process of law and exhorts the court to not merely sit by and endorse the alleged corrupt practices indulged in by the management. As in every case under Section 450 of the Companies Act, 1956, the basis of the petitioning-creditor’s claim has first to be, prima facie, assessed and then the other grounds looked into. It i...
Tag this Judgment!Court : Kolkata
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION CA No.34 of 2012 CP No.13 of 2009 IN THE MATTER OF: DUNLOP INDIA LIMITED AND MADURA COATS LIMITED For the Petitioning-Creditor: Mr Ravi Kapur, Adv., Ms Manju Bhuteria, Adv., Mr R. Medora, Adv., Mr M. Mukherjee, Adv., Mr Arijit Law, Adv., Mr B.M.Sharma, Adv.For the Company: Mr Utpal Bose, Adv., Mr D.N.Sharma, Adv., Mr A. Chowdhury, Adv., Ms Debjani Chatterjee, Adv.Hearing concluded on: March 20, 2012. BEFORE The Honble Justice SANJIB BANERJEE Date: March 26, 2012. SANJIB BANERJEE, J. : Years of waiting to be paid its dues and the perceived daylight robbery in the company have prompted this petitioning-creditor to seek the immediate appointment of a provisional liquidator over the company even as the matter as to whether the company should be wound up is pending consideration. The petitioning-creditor asserts that if there is any modicum of corporate decency that the law in this country recognises and there is any meaning left to the p...
Tag this Judgment!Court : Chennai
Writ petition filed under Article 226 of Constitution of India praying for issue of a Writ of Certiorarified Mandamus, calling for the production of the records relating to the order dated 20.1.2012 made in F.No.R-17013/03/2011-EP (IM-I) passed by the fifth respondent herein, quash the same in so far as M.D.(Siddha) Courses at Government Siddha Medical College for the Palayamkottai for the year 2011-2012 is concerned and direct the fifth and sixth respondents to grant permission and allow the students to undergo and complete M.D. (Siddha) Course at Government Siddha Medical College, Palayamkottai for the academic year 2011-2012. WP No.4452/2012:Writ petition filed under Article 226 of Constitution of India praying for issue of a Writ of Certiorarified Mandamus, calling for the production of the records relating to the order dated 20.1.2012 made in F.No.R-17013/03/2011-EP (IM-I) passed by the fifth respondent herein, quash the same in so far as B.A.M.S. Course at Government Ayurveda Med...
Tag this Judgment!Court : Chennai
W.P.(MD)No.8355 of 2011 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the third respondent to constitute a special investigating team led by a gender sensitive police officer not below the rank of D.S.P consisting of experienced and sensitive police officers preferably female and to transfer the investigation of Crime No.331 of 2011 from the fourth respondent to the newly constituted special team for the effective investigation of the case in the light of the guidelines evolved by the Honourable Supreme Court in Delhi Domestic Working Women Forum Vs. Union of India and Sakshi Vs. Union of India and directing the second respondent to take necessary steps to restore confidence among the girl students of the Government High School, Podhumbu by involving Child Welfare Committee and other agencies if necessary.W.P.(MD)No.12572 of 2011 has been preferred under Article 226 of the Constitution of India praying for the is...
Tag this Judgment!Court : Chennai
COMMON JUDGMENT1. These two appeals are focussed by the defendants as against the common judgment and decrees dated 30.11.2005 passed by the learned Additional District and Sessions Judge, [Fast Track Court No.I] Chennai in O.S.Nos.12891 and 12960 of 1996 respectively.2. The parties are referred to here under according to their litigative status and ranking before the trial Court.3. A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of these two appeals would run thus:The plaintiffs filed two suits, relating to one big property, by citing almost each half of it in the suits with the following prayer:O.S.No.12891 of 1996:- to pass judgment and decree as against the defendants -a] declaring that the sale deed executed by the defendants 1 to 17 to and in favour of 18th defendant under registered document No.1028/95 dated 01.09.1995 of the suit property belong to the Chetpet Subbadramma Trust, bearing Old Door No.34 and New No.48, now comb...
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