Court : Mumbai
..... petitioner-company of rs.100 crore when the petitioners had paid total customs duty of rs.4,08,94,132/- for the consignments in question to the satisfaction of the proper officer of customs at ahmedabad for home consumption without any restriction on domestic sales thereof, which otherwise was not payable if the clearance would have been permitted under bond only for exports on the basis of the impugned circular dated 22nd july, 2013. ..... reliance is placed upon a communication dated 19th march, 2015, received from the deputy commissioner of customs, hyderabad and certain information derived and obtained under the rti act, 2005, copies of which are at exhibits 1 and 2 of this affidavit-in-rejoinder. 62. ..... annexure-kk to the petition is a copy of the said preliminary reply dated 21st october, 2014 to the scn submitted by the petitioner. 37. ..... we need not refer to each section, but suffice it to say that chapter ii contains the provisions relating to incorporation, capital management and business. ..... even a failure to detect a violation by a monitoring authority at one point of time does not give blanket protection to the petitioners for violations detected subsequently. ..... chagla has also placed before us the transitional arrangements in chapter 1a of the foreign trade policy 2009-2014 part 1 clause 1.4 to submit that on account of the same, there was no violation of the provisions of any law and the impugned order, therefore, ought to be set aside. mr. .....
Tag this Judgment!Court : UK Supreme Court
..... on evidence adduced from an absent or anonymous witness is necessarily to be condemned as unfair and set aside as contrary to articles 6(1) and 6(3)(d) of the convention, then the whole domestic scheme for ensuring fair trials the scheme now enshrined (as to hearsay evidence) in the criminal justice act 2003 and (as to anonymous evidence) in the criminal evidence (witness anonymity) act 2008 cannot ..... the witness and to any relationship between the witness and the defendant or any associates of the defendant; (f) whether it would be reasonably practicable to protect the witness's identity by any means other than by making a witness anonymity order specifying the measures that are under consideration by the court. ..... testimonial evidence is not precisely defined in these authorities, but includes police interrogations or prior testimony at a preliminary hearing or former trial (crawford p.1374) and, in the light of melendez-diaz, certificates of state laboratory analysts stating that ..... criminal procedure in the civil law jurisdictions in r(d) v camberwell green youth court [2005] ukhl 4; [2005] 1 wlr 393 at paragraphs 10 and 11 lord rodger stated: " the introduction of article 6(3)(d) will not have added anything of significance to any ..... their fear of sectarian violence; others were not requested ..... among the provisions of part 11, chapter 2 of the cja 2003 in the second group are the following: (i) by s.116(1) and (2)(a) the statement of a witness who is unavailable because he is .....
Tag this Judgment!Court : Supreme Court of India
..... on women which were brought to our notice, included the convention on the political rights of women (1952), declaration on the protection of women and children in emergency and armed conflict (1974), inter-american convention for the prevention, punishment and elimination of violence against women (1955), universal declaration on democracy (1997), and the optional protocol to the convention on the elimination of all forms of discrimination against women ( ..... -general has sought to support the findings of the high court on the said two constitutional points; and he has pressed before us as a preliminary point his argument that on a fair and reasonable construction, the proviso cannot be applied to the case of the first respondent. ..... senior counsel and some others, that the tag of personal law got removed from the muslim personal law shariat , after the enactment of the shariat act, at least for the questions/subjects with reference to which 215 the ..... declarations are not binding to the extent they are in conflict with domestic laws, can be traced from a series of judgments rendered by this court on the subject ..... , that matrimonial reliefs as are provided for under the special marriage act, 1954 (- which are contained in chapters iv, v and vi thereof) have been adopted for marriages registered under the foreign marriage act, 1969 (-see paragraph 179 above).180 ..... anjum, that the husband s family threw her out of her matrimonial home (-on 08.04.2005), on account of non-fulfilment of dowry demands. .....
Tag this Judgment!Court : Supreme Court of India
..... protection to make a declaration as to whether an advance decision (a) exists; (b) is valid; (c) is applicable to a treatment.170 moreover, a person will not incur any liability for the consequences of withholding or withdrawing a treatment from an individual, if she at the material time, reasonably believes that a valid advance decision applicable to the treatment, made by that individual, exists.171 170 section 26(4), mental capacity act 2005 171 section 26(3), mental capacity act 2005 115 part j until the implementation of the mental capacity act 2005 ..... petition (civil) no.215 of 2005 page 50 of 112 world s a stage : all the word s stage, and all the men and women merely players; they have their exits and their entrances, and one man in his time plays many parts, his acts being seven ages....last scene of ..... in order to be able to access medical aid in dying under the quebec act, a patient must:- (1) be an insured person within the meaning of the health insurance act (chapter a-29); (2) be of full age and capable of giving consent to care; (3) be at the end of life; (4) suffer from a serious and incurable illness; (5) be in an advanced state of irreversible ..... the court found the legislative framework laid down by domestic law, as interpreted by the conseil d tat, ..... lord keith further stated that it does no violence to the principle of sanctity of life to hold that it is lawful to cease to give ..... 71) with these preliminary remarks we return to the doctrine of dignity as an aspect .....
Tag this Judgment!Court : House of Lords
..... schools of thought on the relationship between international law and domestic law: the one saying that the rules of international law as they exist from time to time are "incorporated into english law automatically and considered to be part of english law unless they are in conflict with an act of parliament" and the other saying that they did ..... or permit the use of something to destroy or damage it, in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed (i) that the property, right or interest was in immediate need of protection; and (ii) that the means of protection adopted or proposed to be adopted were or would be reasonable having ..... and district judge clark, sitting in the cirencester magistrates' court, ruled at a preliminary hearing that the defences were not maintainable because the decision to go to war ..... tight control of the use of force is necessary to prevent society from sliding into anarchy, what hobbes (leviathan, chapter 13) called the state of nature in which "men live ..... which, although causing damage to property in some cases, was entirely peaceable and involved no violence of any kind to any person ..... 1981, [2005] qb 259) that the crime of aggression which the appellants claimed they were seeking to prevent was not a "crime" for the purposes of section 3 of the 1967 act, .....
Tag this Judgment!Court : UK Supreme Court
..... state is on notice of a specific threat to someone's life against which protective steps could be taken: osman v united kingdom (1998) 29 ehrr 245; oneryildiz v turkey (2005) 41 ehrr 20 (state allegedly tolerated and, for political reasons, ..... an independent official body of certain deaths or near deaths has been developed in the case-law of the european court of human rights and explored in domestic case-law, including that of the house of lords in r (amin) v secretary of state for the home department [2003] ukhl ..... article 1 would extend to such matters, second, the apparent absence from the convention of any immunities paralleling those of "combat operations" or "battle damage" (or, perhaps, act of state) recognised at common law (para 189 above), ..... of the security council, which by resolution 1483 adopted on 22 may 2003 under chapter vii of the un charter, had recognised "the specific authorities, responsibilities, and ..... respondent state: see eg loizidou v turkey (preliminary objections) (1995) 20 ehrr 99, at [62]; bankovic v belgium (2001) 11 bhrc 435, at [60], [71]; ocalan v turkey (2003) 37 ehrr 10, at [93]; (2005) 41 ehrr 45, at [91]; issa v turkey (2005) 41 ehrr 27, at [69]; al-saadoon and mufdhi v united kingdom ( ..... in the first sentence of article 2(1) is not violated simply by deploying servicemen and women on active service overseas as part of an organised military force which is properly ..... physical violence at the hands of third parties and failed to take appropriate measures to .....
Tag this Judgment!Court : UK Supreme Court
..... commons home affairs committee has pointed out, the government has a mechanism to help reluctant sponsors: domestic violence, forced marriages and "honour"-based violence, 6th report of session 2007-08, hc 263-i, paras 112114.secondly, it is entirely unclear ..... from karma nirvana, a respected organisation providing support to victims or potential victims of forced marriage, and from southall black sisters, an intervener in these appeals and an equally respected organisation dedicated to the protection of black and asian women from ..... the limited right of parliament to call upon the secretary of state to reconsider proposed changes in the immigration rules provided by section 3(2) of the immigration act 1971, it would go too far to say that any changes ultimately made had the imprimatur of democratic approval such as would be relevant in particular to ..... (c) most victims are aged between 13 and 29; (d) more particularly, of the 145 cases in 2005 in which the fmu provided direct support (as opposed to general or preliminary advice) to victims or potential victims of forced marriage, 44, i.e. ..... from bristol and manchester universities, which found that the change would be unlikely to prevent forced marriages, and indeed might increase the risk of negative actions associated with the increased age (hester and others, forced marriage: the risk factors and the effect of raising the minimum age for a sponsor, and of leave to enter the united kingdom as a spouse or fianc (e), 2007, chapter .....
Tag this Judgment!Court : House of Lords
..... newman j) accepted the magistrate's judgment that fairness did not call for exclusion of the statement, but was clear (para 60 of the judgment) that the common law and domestic statute law (section 78 of the police and criminal evidence act 1984) gave effect to the intent of article 15 of the international convention against torture and other cruel, inhuman or degrading treatment or punishment 1984 (1990, cm 1775 ..... duty of states, save perhaps in limited and exceptional circumstances, as where immediately necessary to protect a person from unlawful violence or property from destruction, to reject the fruits of torture inflicted in breach of international law ..... that someone cannot be deported whilst there exists the possibility that he may be tortured or, indeed, as the dissentient minority said in mamatkulov and askarov v turkey (application nos 46827/99 and 46951/99, unreported, 4 february 2005), if they run a real risk of suffering a flagrant denial of justice quite another to say that the integrity of the court's processes and the good name of british justice requires that evidence be shut ..... birkenhead, seeks to resolve the dilemma on the basis that the secretary of state's certificate is in the nature of an essential preliminary step, which will be short-lived in its effect if siac considers that the necessary reasonable grounds do not exist ..... that reliance was placed on sources of doubtful validity, such as chapter 39 of magna carta 1215 and felton's case as reported by rushworth ( .....
Tag this Judgment!Court : UK Supreme Court
..... detention for other purposes, where detention is not for the purposes of preventing unauthorised entry or effecting removal of the individual concerned, is not compatible with article 5 and would be unlawful in domestic law; (b) the detention may only continue for a period that is reasonable in all the circumstances; (c) if before the expiry of the reasonable period it becomes apparent that the purpose of the power, for example, removal, ..... " since then, the concept of vindicatory damages for breach of constitutional rights has been recognised by the judicial committee of the privy council, in attorney general of trinidad and tobago v ramanoop [2005] ukpc 15, [2006] 1 ac 328 and merson v cartright and attorney general [2005] ukpc 38 (bahamas); applied to breach of constitutional provisions other than the fundamental rights and freedoms, in fraser v judicial and legal services commission [2008] ukpc 25 (st lucia) and inniss v attorney ..... more of a problem in seeing langley v liverpool city council [2006] 1 wlr 375 as a case where the police departed from the statutory purpose in exercising their power of removal under section 46 of the children act 1989 when an emergency protection order under section 44 of that act had already been made. ..... the first of these, fairer, faster, firmer informed the reader at the beginning of chapter 12 dealing with "detention" that at any one time, only about 1.5% of those liable to detention under immigration powers ..... a further preliminary point needs .....
Tag this Judgment!Court : House of Lords
..... thrust of this is that provided under domestic law a remedy is available to subsidiaries such as sempra that prevents the infringing member state from profiting from its wrongful act and does not prevent the subsidiary from recovering the loss caused to it by the wrongful act, and provided the remedy satisfies the principles ..... . as to interest, the court said that, where financial compensation was the method adopted by national law to achieve the objective of equal treatment of men and women as regards employment, then "it must be adequate, in that it must enable the loss and damage actually sustained as a result of the discriminatory dismissal to be made good in ..... 2387 ch); [2004] stc 1178 and the court of appeal, consisting of chadwick, laws and jonathan parker ljj, ([2005] ewca civ 389; [2005] stc 687) held that community law, and in particular the principles laid down by the european court in the metallgesellshaft case, require english domestic courts to give a full remedy or full compensation in order to restore equal treatment and that only an award ..... to it for preferring simple to compound interest (viz to protect poor consumers, to discourage claimants from deliberately delaying claims and to avoid the cost of ..... . english and australian authorities on the topic are considered in chapter 28 of mason and carter, restitution law in australia (1995) pp945-967, and in part ..... the second question on which the court of justice was asked to give a preliminary ruling in that case. .....
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