Court : Supreme Court of India
Decided on : Jul-06-2011
..... apart, there is a special law in the state of meghalaya, i.e. the united khasi-jaintia hills autonomous district (management and control of forests) act, 1985 under which forest has been defined to mean an area in which there are twenty five trees per acre. thus, according to the learned amicus by all ..... /s. lafarge on the basis of absence of forest with full knowledge that the project site was located on forest land. findings(a) legal position19. universal human dependence on the use of environmental resources for the most basic needs renders it impossible to refrain from altering environment. as a result, environmental conflicts are ..... efficient utilization of forest produce and maximizing substitution of wood. thus, we are of the view that under section 3(3) of the environment (protection) act, 1986, the central government should appoint a national regulator for appraising projects, enforcing environmental conditions for approvals and to impose penalties on polluters. there is one .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Jul-06-2011
..... in an action to enforce an english judgment, the question whether the proceedings in canada "relate[d] to any commercial activity of the foreign state" (state immunity act rsc 1985, c-18, section 5) depended on the nature of the underlying proceedings in england. but neither judgment articulates the reasons for that conclusion, and they are ..... proceedings against states not party to the present convention. such declaration shall be without prejudice to the immunity from jurisdiction which foreign states enjoy in respect of acts performed in the exercise of sovereign authority (acta jure imperii). 38. the united kingdom made such a declaration at the time of ratification of the convention. ..... therefore unhelpful on this appeal. 114.what is not likely to be in doubt is that at the time the 1978 act was enacted it would not have .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-05-2011
..... speak for themselves.19. analyzing the causes for failure of many nation-states, in recent decades, robert i. rotberg, a professor of the kennedy school, harvard university, posits the view that [n]ation- states exist to provide a decentralized method of delivering political (public) goods to persons living within designated parameters (borders).... ..... the preamble of our constitution affirms as the goal of our nation, the promotion of human dignity. the actions of the state, in appointing barely 10 (1985) 3 scc 545 literate youngsters, as spos engaged in counter- insurgency activities, of any kind, against the maoists, who are incapable, on account of low ..... ; and that apart from the foregoing, basic elementary knowledge of various subjects are also included in the training curriculum (e) law (including ipc, crpc, evidence act, minor act etc.) in 24 periods; (f) human rights and other provisions of constitution of india in 12 periods; (g) use of scientific forensic aids in policing in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-05-2011
..... rights of the persons affected, the scheme and policy of the statute and other relevant circumstances disclosed in the particular case. in suresh koshy george v. university of kerala air1969sc198, k.s. hegde, j. observed: ..........the rules of natural justice are not embodied rules. the question whether the requirements of natural ..... bias, human probabilities and ordinary course of human conduct have to be taken into consideration............ 39. in ashok kumar yadav v. state of haryana (1985)4scc417, the court while reiterating that the judgment in a.k. kraipak's case represents an important landmark in the development of administrative law and has ..... ias, who was inimical to the petitioner. she requested that the investigating agency should not engage mr. govindswamy and mr. veeraraghavan because they had already acted with mala fides and bias against her family. 9. after preliminary scrutiny of the material placed before it, which included documents summoned from government departments .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-23-2011
..... defendants based on the terms of their plea agreements. and it would also reduce unwarranted disparities in federal sentencing, consistent with the purposes of the sentencing reform act. * * * the judgment of the court of appeals is reversed and this case is remanded for further proceedings. it is so ordered. freeman v ..... the urgent and compel-ling problem of crack-cocaine sentences, which, the commission concluded, significantly undermines the various congressional objectives set forth in the sentencing reform act. united states sentencing commission, report to congress: cocaine and federal sentencing policy, pp. 8 10 (may 2007); see also ussg supp. app. c, ..... allowing modification only when the terms of the agreement contemplate it, the proposed rule would permit the very disparities the sentencing reform act seeks to eliminate. the act aims to create a comprehensive sentencing scheme in which those who commit crimes of similar severity under similar conditions receive similar sentences. .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-23-2011
..... matching funds provision substantially burdens the speech of privately financed candidates and independent expenditure groups without serving a compelling state interest. [t]here is practically universal agreement that a major purpose of the first amendment was to protect the free discussion of governmental affairs, includ[ing] discussions of candidates. buckley ..... . , davis , 554 u. s., at 741; federal election comm n v. national conservative political action comm. , 470 u. s. 480 , 496 497 (1985) (ncpac) . and so too, these precedents are clear: public financing of elections serves this interest. see supra , at 4 5. as buckley recognized, and as ..... pol- icy languishes, and the citizens lose confidence in their government. recognizing the cancerous effect of this corruption, voters of the first state, acting through referendum, enact several campaign finance measures previously approved by this court. they cap campaign contributions; require disclosure of substantial donations; and create an .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-23-2011
..... congressional delegation of adjudicatory authority violates separation-of-powers principles derived from article iii. see thomas v. union carbide agricultural products co. , 473 u. s. 568 (1985); commodity futures trading comm n v. schor , 478 u. s. 833 (1986). i shall describe these cases in some detail in order to explain why i ..... precedential effect of the plurality opinion in northern pipeline . ante , at 19 21. there, the court held unconstitutional the jurisdictional provisions of the bankruptcy act of 1978 granting adjudicatory authority to bankruptcy judges who lack the protections of tenure and compensation that article iii provides. four members of the court wrote that ..... area of law or engage in statutorily channeled factfinding functions. northern pipeline , 458 u. s., at 85 (plurality opinion). instead, bankruptcy courts under the 1984 act resolve [a]ll matters of fact and law in whatever domains of the law to which the parties counterclaims might lead. id., at 91 (rehnquist, j., .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-23-2011
..... also created an evidence-based prescription drug education program, in which the vermont department of health, the department of vermont health access, and the university of vermont, among others, work together to provide information and education on the therapeutic and cost-effective utilization of prescription drugs to health professionals ..... within the traditional scope of a state s police powers. hillsborough county v. automated medical laboratories, inc. , 471 u. s. 707 , 719 (1985). the fact that the court normally exempts the regulation of misleading and deceptive information even from the rigors of its intermediate commercial speech scrutiny testifies to the ..... communications provided to patients on such matters as treatment options ; for law enforcement operations; and for purposes otherwise provided by law. 4631(e). act 80 also authorized funds for an evidence-based pre-scription drug education program designed to provide doctors and others with information and education on the .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Jun-22-2011
..... cases, judicial review was considered a more appropriate remedy, even though statute provided another way of correcting errors of law: in bone v mental health review tribunal [1985] 3 all er 330, for example, nolan j thought judicial review preferable to the power of a mental health review tribunal to state a case for the ..... scotland) mr mitchell, makes a powerful case for the status quo, by which he means the position obtaining in the social security system before the 2007 act. the social security commissioners were a highly skilled body of senior lawyers, thoroughly steeped in the intricacies of social security law, yet they could occasionally fail ..... was, rather than an alternative view which was more favourable to the claimant or taxpayer or whomever. the system was greatly improved by the tribunals and inquiries act 1958, following the report of the franks committee on administrative tribunals and inquiries in 1957 (cmnd 218), with its insistence on openness and accountability to the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-13-2011
..... . 489 , 504 (1996) (emphasis deleted); cf. central states, southeast & southwest areas pension fund v. central transport, inc. , 472 u. s. 559 , 570 (1985) ( [r]ather than explicitly enumerating all of the powers and duties of trustees and other fiduciaries, congress invoked the common law of trusts to define the general scope of their ..... circuit [june 13, 2011] justice sotomayor, dissenting. federal indian policy, as established by a network of federal statutes, requires the united states to act strictly in a fiduciary capacity when managing indian trust fund accounts. the interests of the federal government as trustee and the jicarilla apache nation (nation) ..... expressed its understanding that the government retains evidentiary privileges allowing it to withhold information related to trust property from indian tribes. the indian claims limitation act of 1982, 96 stat. 1976, addressed indian claims that the claimants desired to have litigated by the united states. if the secretary of the .....
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