Predomination - Year 2011 - Judgments

Jun 20 2011 (FN)

Wal-mart Stores, Inc. Vs. Dukes

Court: US Supreme Court

Decided on: Jun-20-2011

..... claims were appropriately certified under rule 23 b 2 because those claims do not predominate over their injunctive and declaratory relief requests that interpretation has no basis in the ..... differences between class members mimics the rule 23 b 3 inquiry into whether common questions predominate over individual issues and by asking whether the individual differences impede common adjudication ante .....

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Jun 13 2011 (FN)

Smith Vs. Bayer Corp.

Court: US Supreme Court

Decided on: Jun-13-2011

..... balance these common issues against the need to prove individual injury to determine which predominated the court instead applied a strict test barring class treatment when proof of each ..... commercial misrepresentation cases are unsuitable for class treatment because individual issues of reliance necessarily predominate we express no opinion as to the correctness of this approach footnote 9 bayer .....

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Mar 07 2011 (FN)

Milner Vs. Department of Navy

Court: US Supreme Court

Decided on: Mar-07-2011

..... a new definition of exemption 2 s scope finding that the exemption also covered any predominantly internal materials whose disclosure would significantly ris k circumvention of agency regulation or statutes ..... solely the court reasoned has to be given the construction consonant with reasonableness of predominantly because otherwise solely would conflict with the expansive term related 670 f 2d at .....

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Dec 15 2011 (HC)

State of Kerala, Rep. by the Deputy Commissioner (Law), Commercial Tax ...

Court: Kerala

Decided on: Dec-15-2011

..... the farmer common man is the criterion to decide what is the predominant use of the product and not based on the technical terms or ..... chemical and if there are more than one user which is the predominant use to which the product is put to therefore their lordships ..... paragraph 6 of the said decision is relevant which reads as under predominant test can be applied with regard to the price the proportion .....

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Sep 19 2011 (HC)

The Institute of Chartered Accountants of India and anr. Vs. the Direc ...

Court: Delhi

Decided on: Sep-19-2011

..... the petitioner institute cannot be regarded as an educational institute as the petitioners main or predominant objective is to regulate the profession of and the conduct of chartered accountants enrolled ..... c substantial in amount d conducted regularly on sound and recognized business principles e predominantly concerned with the making of taxable supplies to consumers for a consideration f such .....

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May 26 2011 (FN)

Erica P. John Fund, Inc. Vs. Halliburton Co.

Court: US Supreme Court

Decided on: May-26-2011

..... the questions of law or fact common to class members predominate over any questions affecting only individual members and that a ..... considering whether questions of law or fact common to class members predominate begins of course with the elements of the underlying cause ..... the questions of law or fact common to class members predominate over any questions affecting only individual members and that a .....

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Sep 27 2011 (SC)

M/S thermax Ltd, and ors. Vs. K.M. Johny, and ors.

Court: Supreme Court of India

Decided on: Sep-27-2011

..... further held that there would be certain situations where it would predominantly be a civil wrong and may or may not amount to ..... could be permitted when the dispute between the parties is of predominantly civil nature and the appropriate remedy would be a civil suit ..... criminal offence but there would be certain situations where it would predominantly be a civil wrong and may or may not amount to .....

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Feb 10 2011 (HC)

Deputy Director of Income Tax Vs. Shanti Devi Progressive Education So ...

Court: Delhi

Decided on: Feb-10-2011

..... however the test which was stated to apply was whether the predominant object of the activity involved is to subserve the charitable purpose ..... sc as contra to this where the profit making is the predominant object of the activity the purpose though an object of ..... the conclusion was reached that there was no change in the predominant object of the activity which is solely for educational purposes or .....

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Feb 28 2011 (TRI)

Jugal Kishore Vs. the Union of India, Through the Secretary, Ministry ...

Court: Armed forces Tribunal AFT Regional Bench Jaipur

Decided on: Feb-28-2011

..... factor the genetic factor and the time factor must be considered where the stress factor predominates and breakdown occurs within at most six months entitlement of attributability may be appropriate where ..... then possibility of aggravation must be considered in such diseases if the genetic factor is predominant cause of the disease therefore in the instant case the disease acquired by the individual .....

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Apr 18 2011 (HC)

M/S. Sky Gourmet Catering Private Limited Vs. the Assistant Commission ...

Court: Karnataka

Decided on: Apr-18-2011

..... customer clearly the service element is more weightly visible and predominant in the case of outdoor catering it cannot be considered ..... customer clearly the service element is more weighty visible and predominant in the case of outdoor catering it cannot be considered ..... of providing a service the manner of service provided assumes predominance over the providing of food in such situations which is .....

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