Positional - Judgment Search Results

Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...

Court: Mumbai

Reported in: 1993(2)BomCR329

..... plaintiff in the matter of preventive injunctions a covenantor and covenantee may occupy the position contemplated by the presumption section 11 mandates specific performance subject to the exceptions of ..... over the defendants naturally enough injunctive relief was refused 74 to summarise the legal position as also the exposition thereof in precedents inclines in the direction of plaintiff defendant .....

indra Sawhney Etc. Etc Vs. Union of India and Others, Etc. Etc.

Court: Supreme Court of India

Reported in: AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217

..... 25 5 1991 fails and is accordingly declared as such the concept of positive action and positive discrimination116 dr rajiv dhawan describes article 15 4 as a provision envisaging ..... test of backwardness with these two negative considerations stemming out of constitutional constraints two positive considerations equally important and basic in nature flow from principle of constitutional construction .....

Jodha Khoda Rabari and Etc. Etc. Vs. State of Gujarat and Etc.

Court: Gujarat

Reported in: 1992CriLJ3298

..... the incident after all laboratory report is a corroborative evidence and it cannot dislodge the positive eye witnesses account if it is otherwise reliable 105 then the prosecution contends that ..... empty cartridge cases have been found by the police during the investigation which have been positively connected with the double barrel gun discovered at the instance of jasubha this discovery evidence .....

Planned Parenthood of Southeastern PA. Vs. Casey

Court: US Supreme Court

..... with the needs of the particular woman and thus places the physician in an awkward position and infringes upon his or her professional responsibilities forcing the physician or counselor to present ..... the constitution does not 981 the court destroys the proposition evidently meant to represent my position that liberty includes only those practices defined at the most specific level that were protected .....

Cipollone Vs. Liggett Group, Inc.

Court: US Supreme Court

..... trade regulation rule in 1964 criticized advertising that associated cigarette smoking with such positive attributes as contentment glamour romance youth happiness at the same time suggesting that ..... congress expressed intent to avoid diverse nonuniform and confusing regulations most naturally refers to positive enactments by state legislatures and federal agencies not to common law damages actions .....

Estate of Cowart Vs. Nicklos Drilling Co.

Court: US Supreme Court

..... the possibility that future administrative and perhaps judicial proceedings years later might vindicate their position that the employer should have been paying benefits particularly when the employer s asserted ..... to compensation that question after all is exactly the issue that the employer s position requires to be determined in administrative and perhaps subsequent judicial proceedings the o leary .....

Hanmant Janardhan Patil Vs. the State of Maharashtra

Court: Mumbai

Reported in: 1993(2)BomCR286; 1993CriLJ3042; 1993(1)MhLj511

..... the meaning of those statutes mr pradhan has not disputed the position that for the purpose of offences categorised under the co ..... transfer the proceeding to the ordinary forum this being the unambiguous position in law it would not be permissible to hold that ..... evidence against the accused persons i have refrained from examining this position because if the proceeding is vitiated then it would not be .....

Lee Vs. Weisman

Court: US Supreme Court

..... not consistent with the establishment clause place primary and secondary school children in this position research in psychology supports the common assumption that adolescents are often susceptible to ..... achievements cannot be understood apart from their spiritual essence we think the government s position that this interest suffices to force students to choose between compliance or forfeiture .....

Mrs. Sarojini Ramaswami Vs. Union of India and Others

Court: Supreme Court of India

Reported in: AIR1992SC2219; JT1992(5)SC1; 1992(2)SCALE257; (1992)4SCC506; [1992]Supp1SCR108

..... all that is necessary is to declare the legal and constitutional position and leave the different organs of the state to consider matters ..... and designs of the other departments it does not have the positive power over the purse nor over the sword nor any other ..... learned senior counsel for the petitioner on instruction stated to the positive he placed on record the letter he addressed and the endorsement .....

Shri Kihota Hollohon Vs. Mr. Zachilhu and Others

Court: Supreme Court of India

Reported in: AIR1993SC412,JT1992(1)SC600,1992(1)SCALE338,1992Supp(2)SCC651,[1992]1SCR686

..... fore it is right that that should be an honoured position a free position and should be occupied always by men of outstanding ..... unsound and is rejected the speaker chairmen hold a pivotal position in the scheme of parliamentary democracy and arc guardians of ..... is that para 7 in clear words thereafter reiterates that position by saying that notwithstanding anything in this constitution no court .....