Judgment Search Results Home > Cases Phrase: nepali Sorted by: old Year: 2008 Page 8 of about 424 results (0.011 seconds)

Mcgrath and Another (Appellants) Vs. Riddell and Others (Respondents)

Court : House of Lords

LORD HOFFMANN My Lords, 1. This appeal arises out of the insolvent liquidation of the HIH group of Australian insurance companies. On 15 March 2001 four of them presented winding up petitions to the Supreme Court of New South Wales. Some of their assets - mostly reinsurance claims on policies taken out in London - were situated in England. To realise and protect these assets, provisional liquidators were appointed in England. In Australia, the court has made winding up orders and appointed liquidators. The Australian judge has sent a letter of request to the High Court in London, asking that the provisional liquidators be directed, after payment of their expenses, to remit the assets to the Australian liquidators for distribution. The question in this appeal is whether the English court can and should accede to that request. The alternative is a separate liquidation and distribution of the English assets in accordance with the Insolvency Act 1986. 2. The English and Australian laws of ...

R (on the Application of Gentle (Fc) and Another (Fc)) (Appellants) Vs ...

Court : House of Lords

LORD BINGHAM OF CORNHILL My Lords, 1. The appellants are the mothers of two young men, both aged 19, who lost their lives while serving in the British army in Iraq. Fusilier Gordon Campbell Gentle was serving with the 1st Battalion The Royal Highland Fusiliers when he was killed by a roadside bomb on 28 June 2004. Trooper David Jeffrey Clarke was serving with the Queen’s Royal Lancers when he was killed by “friendly fire” on 25 March 2003. These deaths have been fully investigated at duly-constituted inquests conducted in the United Kingdom, and there are no outstanding questions about when, where and in what circumstances they respectively died. 2. The appellants contend that by virtue of sections 1 and 2 of the Human Rights Act 1998 and article 2 of the European Convention on Human Rights they have an enforceable legal right sounding in domestic law to require Her Majesty’s Government to establish an independent public enquiry into all the circumstances surrou...

Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534

K.G. Balakrishnan, C.J.1. Reservation for admission in educational institutions or for public employment has been a matter of challenge in various litigations in this Court as well as in the High Courts. Diverse opinions have been expressed in regard to the need for reservation. Though several grounds have been raised to oppose any form of reservation, few in independent India have voiced disagreement with the proposition that the disadvantaged sections of the population deserve and need 'special help'. But there has been considerable disagreement as to which category of disadvantaged sections deserve such help, about the form this help ought to take and about the efficacy and propriety of what the government has done in this regard. 2. Pandit Jawaharlal Nehru, who presided over the Congress Expert Committee emphasized before the Constituent Assembly that the removal of socio-economic inequalities was the highest priority. He believed that only this could make India a casteless and cla...

Narendra Narayan Das Vs. State of Bihar and ors.

Court : Patna

..... he brings to my notice section 9(2) of the nepal citizenship act, 1964, which is reproduced hereinbelow for ready reference:9. loose of nepali citizenship:(1) the nepali citizenship of any nepali citizen shall automatically lapse on his acquiring the citizenship of any foreign country of his own will.(2) in case any person becomes a citizen ..... jus sanguinis, he may chose the citizenship of either country within five years of reaching 16 years of age. in case he doesn't do so his nepali citizenship shall automatically lapse on the expiry of this time-limit.provided that persons who have acquired citizenship in this manner before the commencement of this act ..... as the act) has disqualified the petitioner from the post of mukhlya, ballour gram panchayat in the district of darbhanga on the ground that the petitioner was a nepali citizen and therefore, is not entitled to occupy the elected office under question. petitioner wants the impugned order, therefore, to be set aside in the present writ .....

Bikram Dorjee Vs. State of West Bengal

Court : Kolkata

Reported in : 2008(3)CHN701

..... , owner of ghoognee/chowmin shop, deposed that on 14th june, 2002 at about 4.30 p.m. in front of his shop, a person was stabbed. the victim was a nepali. p.w. 2 turned hostile. he was suggested, in cross-examination on behalf of the prosecution, made by permission of court, that he had told the police that the accused ..... came out of my shop and found someone lying being injured by stabbing. i found another man running away with knife in his hand towards dharmasala. the victim was a nepali young man and the man who fled away was seen by me from the back side. over the incident i was examined by the police and i stated the facts .....

Picker India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

1. These are the two appeals filed one by the assessee and other filed by the Revenue and both are against the order of the CIT(A)-XXIX, New Delhi dt. 14th July, 2000. There are six grounds in the appeal of the assessee. Grounds 3 to 6 of the assessee's appeal are narrative and the issue that arises from them is whether the CIT(A) would have taken a decision based on the available facts and delete the addition of Rs. 1,61,86,880 instead of setting aside the issue relating to the alleged low GP to the files of the AO with certain guidelines. Further, the CIT(A) is directing the AO to apply the provisions of Section 92 of the IT Act and issuing certain directions in this regard. Finally, other two grounds Nos. 1 and 2 are: 1. That the CIT(A) erred on facts and in law in sustaining disallowance of commission of Rs. 11,07,251 paid to RTP Business Enterprises, Rs. 8,500 paid to JK Traders and Rs. 8,400 paid to Technomed Services on the ground that the appellant failed to bring any evidence...

District Collector and ors. Vs. Andhra Pradesh Archaka Samakhya Rep. b ...

Court : Andhra Pradesh

Reported in : AIR2008AP150; 2008(4)ALD1; 2008(3)ALT421

ORDERAnil R. Dave, C.J.1. In these applications, it has been prayed that interim relief, which has been granted in W.P.M.P. No. 13204 of 2006 in Writ Petition No. 10547 of 2006 on 30-5-2006, be vacated so as to enable the applicants and other government authorities to acquire lands, which are required for implementation of certain irrigation projects, which are stated hereunder:_______________________________________________________________________________________________S. No. Petition No. Project Name District Extent of land proposed to be acquired Acs. Cts._______________________________________________________________________________________________ 1) W.P.M.P. No. 27706 of 2007 Thotapalli Barriage Srikakulam 31.08 Project 2) W.P.M.P. No. 27707 of 2007 Pulichintala Project Guntur 964.29 3) W.P.M.P. No. 31240 of 2007 Gudimellalanka and East Godavari 37.98 Pasarlapudi Village +21.09 (Comprehensive Protected Water Scheme) 4) W.P.M.P. No. 34038 of 2007 Kandaleru Reservior Nellore 30.68...

Principal and Fellows of Newnham College in the University of Cambridg ...

Court : House of Lords

LORD HOFFMANN My Lords, 1. In 2000, Newnham College decided to build a new library at a cost of about 7.5m. As an educational institution, Newnham makes exempt supplies for the purpose of VAT. Making exempt supplies is all very well for the recipients, because they pay no VAT. It is less attractive if you are the supplier, because you are not credited with the input tax on the goods and services on which you have been charged VAT. For a famously poor women’s college, the VAT on the cost of the library was a large sum of money. 2. The college therefore took advice on a scheme which would enable it to recover the VAT. The first step was to acquire a shelf company and call it Newnham College Library Company Ltd (“the company”). The college held all the shares and members of the college formed the board of directors. On the completion of the new library, the college leased it to the company for a term of 11 years at a reviewable rent of 165,000 a year. That in itself woul...

Simmers (Respondent) Vs. Innes (Appellant) (Scotland)

Court : House of Lords

LORD HOPE OF CRAIGHEAD My Lords, 1. I have had the advantage of reading in draft the speech of my noble and learned friend Lord Neuberger of Abbotsbury. Like him, I can find no merit in any of the grounds on which the decision of the Extra Division was challenged. I would dismiss the appeal. LORD SCOTT OF FOSCOTE My Lords, 2. I have had the opportunity of reading a draft of the opinion on this appeal prepared by my noble and learned friend Lord Neuberger of Abbotsbury and I am in complete and respectful agreement with the reasons he has given for dismissing this appeal. There is nothing I can usefully add and so I too, for the same reasons, would dismiss the appeal. LORD RODGER OF EARLSFERRY My Lords, 3. I have had the advantage of reading in draft the speech which is to be delivered by my noble and learned friend, Lord Neuberger of Abbotsbury. I am in full agreement with it and, for the reasons he gives, I too would dismiss the appeal. LORD WALKER OF GESTINGTHORPE My Lords, 4. I have ...

R (on the Application of Edwards and Another (Appellant)) Vs. Environm ...

Court : House of Lords

LORD HOFFMANN My Lords, 1. This appeal arises out of an application to quash a permit issued on 12 August 2003 by the Environment Agency (“the Agency”) to Rugby Ltd for the operation of a cement works in Lawford Road, Rugby. The chief grounds are that the Agency did not disclose enough information about the environmental impact of the plant to satisfy its statutory and common law duties of public consultation. Rugby Ltd has since been taken over by the Mexican multinational Cemex and is called Cemex UK Cement Ltd, but I shall for convenience refer to it as “the company". The PPC Regulations 2. Cement has been made at Rugby since the time of Dr Arnold. But the Lawford Road plant was built less than 10 years ago. It represents the latest technology in cement making. When it was built, the manufacture of cement required authorisation under Part I of the Environmental Protection Act 1990. Authorisation was granted in 1999 and the plant began commissioning in the following...