Court : UK Supreme Court
..... in police custody, or resulted from an injury caused by a police officer in the purported execution of his duty or was caused by an accident, poisoning or disease requiring notice under section 19 of the health and safety at work etc act 1974, or in circumstances the ..... and cannot be expected to provide in iraq the full social and protective framework and facilities which it would be expected to provide domestically ..... not violated simply by deploying servicemen and women on active service overseas as part of an organised military force which is properly equipped and capable of defending itself, even though ..... chapter vii of the un charter, had recognised "the specific authorities, responsibilities, and obligations under applicable international law of these states as occupying powers under unified command ('the authority')", and called upon the authority (in practice the cpa) "consistent with the charter of the united nations and ..... 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, encouraged slum settlements close to ..... violence at the hands of third parties and failed to take appropriate measures to safeguard him against that risk ..... iii) above ) into which category can also be put cases like x and y v switzerland (1977) 9 dr 57 and gentilhomme, schaff-benhadji and zerouki v france (application nos 48205/99, 48207/99 and .....
Tag this Judgment!Court : Punjab and Haryana
..... from any judgement or order of a criminal court except as provided for by this code or by any other law for the time being in force .the code of criminal procedure (amendment) act, 2005:2005 ..... women to evolve crm-790-ma-2010 final - 13 - a scheme to protect rape victims through various measures and ..... suffering from casus omissus and after discussing the judicial decisions revealing two trends to meet with such like situation, it was held that where the seniority rules are silent in the matter of assignment of year of allotment to a particular type of promotee officer, the ..... he should be provided legal services and that victim compensation ..... of conviction of such court; (ii) the legal heirs comprising the wife, husband, parent and child of a deceased victim only are entitled to the payment of compensation under section 357(1)(c) of the code; (iii) in the case of death of a victim , only those of his/her dependants ..... -economic legislations such as (a) payment of wages act; (b) payment of gratuity act; (c) payment of bonus act; (d) inter-state migrant workmen act; (e) employment of manual scavengers and construction of dry latrines (prohibition) act etc.are a few of the ones where the ..... power for enforcement of the rule of law owes a corresponding duty to protect ..... chapter xxix of the code are not inter se dependent and ..... domestic legislations and courts across the world recognized the victim and they crm-790-ma-2010 final -7- voiced together for his right of representation, compensation and ..... violence .....
Tag this Judgment!Court : Delhi
..... to provide a system for the administration of justice and an appropriate court fee regime, in para 42, chapter 22, the 14th report of the law commission in 1958 noted that: (1) it is one of the primary duties of the state to provide the machinery for the administration of justice and on principle it is not proper for the state to charge fees ..... stage onwards would negate the concept of a fee and partake of the character of a tax outside the boundaries of the state's power; (iii) the ad-valorem yardstick, which is relevant and appropriate to taxation, is wholly inappropriate because the principle or basis of distribution in the case of a fee should be the proportionate cost of services inter-se amongst the beneficiaries; (iv) in ..... constitution protects the interest of minorities, while article 350a and b of the constitution, and provide facilities for instructions in mother tongue at primary stage and for appointment of a special ..... the delhi legislative assembly on the subject and even if the delhi legislative assembly has a power to make law on the subject which is covered under the impugned notification, section 19 of the punjab courts act, 1918 shall prevail on the subject and a notification issued thereunder shall not be ..... doing violence to the language, as well as the scheme, ..... a domestic arbitral award under section 36 of part i is subject to ad valorem fee under clause ..... and its precedential value is significantly eroded by a later judgment of the supreme court: (2005 ..... etc ..... women .....
Tag this Judgment!Court : Delhi
..... to provide a system for the administration of justice and an appropriate court fee regime, in para 42, chapter 22, the 14th report of the law commission in 1958 noted that: (1) it is one of the primary duties of the state to provide the machinery for the administration of justice and on principle it is not proper for the state to charge fees ..... stage onwards would negate the concept of a fee and partake of the character of a tax outside the boundaries of the state's power; (iii) the ad-valorem yardstick, which is relevant and appropriate to taxation, is wholly inappropriate because the principle or basis of distribution in the case of a fee should be the proportionate cost of services inter-se amongst the beneficiaries; (iv) in ..... constitution protects the interest of minorities, while article 350a and b of the constitution, and provide facilities for instructions in mother tongue at primary stage and for appointment of a special ..... the delhi legislative assembly on the subject and even if the delhi legislative assembly has a power to make law on the subject which is covered under the impugned notification, section 19 of the punjab courts act, 1918 shall prevail on the subject and a notification issued thereunder shall not be ..... doing violence to the language, as well as the scheme, ..... a domestic arbitral award under section 36 of part i is subject to ad valorem fee under clause ..... and its precedential value is significantly eroded by a later judgment of the supreme court: (2005 ..... etc ..... women .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... office of president (or discharge the functions of the president) of india and will to the best of my ability preserve, protect and defend the constitution and the law and that i will devote myself to the service and ..... act 1865, which conferred on the legislature of the state full power to make laws inter alia in respect of the constitution in such "manner and form" as might from time to time be provided by any act of parliament letters patent, colonial law in force in the colony etc ..... of their duties and the maintenance of discipline among them, would ..... and 4, cannot make radical changes in the legislative, executive and judicial administration of a state, for its law-making power is subject to chapter ii, iii ..... and means of production to the common deteriment;(d) that there is equal pay for equal work for both men and women;(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;(f) that childhood and youth are protected against exploitation and against moral ..... violence because of their non-amendability, inserted in the constitution a part dealing with fundamental rights which even by the unanmious vote of the people could not be abridged or taken away and ..... domestic tranquillity; (4) to provide for the common defence; (5) to promote the general welfare; (6) to secure the blessings of liberty to themselves and ..... ". .....
Tag this Judgment!Court : Supreme Court of India
..... protect from torture or ill-treatment all persons regardless of sexual orientation or transgender identity and to prohibit, prevent and provide redress for torture and ..... the registrar of births, deaths and marriages has the power under the births, deaths and marriages act, 1995 to register a change of sex of a person and the sex recorded on the ..... tendencies, police harassment and arrests, support following sexual and physical violence), addressing alcohol and drug abuse, and connecting to livelihood programs ..... chapter-iii ..... providers to be competent and sensitive in providing health care services (including sti and hiv-related services) to hijras/tg as well as develop and monitor implementation of guidelines related to gender transition and ..... of art.21 and use of the word deprived was supposed to impose upon the state the negative duty not to interfere with the life or liberty of an individual without the sanction of law, the width and amplitude of this ..... the scope of the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on ..... domestic courts are under an obligation to give due regard to the international conventions and norms for construing the domestic laws, more so, when there is no inconsistency between them and there is a void in domestic ..... and discriminated against in respect of employment or office ..... and also in the laws related to marriage, adoption, divorce, inheritance, succession and other welfare legislations like narega, 2005, etc .....
Tag this Judgment!Court : Supreme Court of India
..... protection from removal from office except by a stringent process in the cases of judges found unfit to continue as members of the judiciary, protection of salaries and other privileges from interference by the executive and the legislature, immunity from scrutiny either by the executive or the legislature of the conduct of judges with respect to the discharge of judicial functions except in cases of alleged misbehaviour, immunity from civil and criminal liability for acts committed in discharge of duties, protection ..... provided in chapter vi (the union judicature) that there shall be a supreme court with powers ..... of the national tax tribunal act, 2005, and whilst doing so, had held the provisions of the above legislative enactment ..... and implementation, width and identity, essence of a right, the equality code and avoidance of reverse discrimination, the nuanced distinction between the adequacy and proportionality, backward class and backwardness, the concept of contest specificity as regards equal justice and efficiency, permissive nature of the provisions and conceptual essence of guided power, the implementation in concrete terms which would not cause violence to the constitutional mandate; and the effect of accelerated seniority and ..... protect the tenure and service conditions of the members of the judiciary are provided in the constitution; with a fond hope that men and women, who hold judicial offices so protected will be able to discharge their functions with absolute independence and .....
Tag this Judgment!Court : Supreme Court of India
..... providing the upper age limit and that the person appointed shall not have tenure exceeding five years from the date on which he enters office and shall be eligible for re-appointment, the finance act delegates the power to specify the qualifications, method of selection and appointment, terms of office, salaries and allowances, removal including resignation and all other terms and conditions of service to the central government which would act ..... protection act, 1986 (68 of 1986); (ix) section 19 of the terrorist and disruptive activities (prevention) act, 1987 (28 of 1987); (x) section 10 of the special courts (trial of offences relating to transactions in securities) act, 1992 (27 of 1992); (xi) section 15z of the securities and exchange board of india act, 1992 (15 of 1992); (xii) section 18 of the telecom regulatory authority of india act, 1997 (24 of 1997); (xiii) section 53t of the competition act, 2002 (12 of 2003); (xiv) section 125 of the electricity act, 2003 (36 of 2003); (xv) section 24 of the national tax tribunal act, 2005 (49 of ..... body for recruitment and overseeing the performance and discipline of the members so recruited and other issues relating thereto; (iii) amending the scheme ..... chapters of the constitution dealing with citizenship, fundamental rights, the union, the states, the panchayats, scheduled and tribal areas, relations between union and states, trade, commerce and intercourse within the territory of india, services under the union and states .....
Tag this Judgment!Court : Supreme Court of India
..... from that quarter has been the maintenance of judicial independence in terms of institutional independence through the protection of tenure and remuneration, and afforded statutory protection in the act of 35 peter a gerangelos, the separation of powers and legislative interference in judicial process, constitutional principles and ..... the duties of his office he selects the world as his audience, and that it is the duty of the heads of the service to which ..... chapter ii of part v are mirrored, in the case of the state legislatures, in chapter iii ..... and the respondent no.8, msd pharmaceuticals private limited, for preventing cervical cancer in women and the experimentation of the vaccine was done as an immunisation by the governments of gujarat and andhra pradesh (before bifurcation, the state of andhra pradesh, eventually the state of andhra pradesh and the state of telangana) with the charity provided ..... and in the light of internationally accepted values of fairness and justice was a telling rebuttal of mercenarism and violence, whether from ..... domestic ..... act, 2005 ..... powers, privileges, etc of the houses of parliament and of the members and committees thereof (1) subject to the provisions of this constitution and the rules and standing orders regulating the procedure of parliament, there shall be freedom of speech in parliament (2) no member of parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in parliament or any committee thereof, and .....
Tag this Judgment!Court : Supreme Court of India
..... and expression enjoyed by the press and the duties of the government, being signatory of the united nations convention on the rights of child, 1989 and universal declaration of human rights, to protect the vulnerable minor from abuse, exploitation and ..... a trial for the offence under sections 292 and 293 of the indian penal code, a certificate granted under section 6 of the cinematograph act by the board of censors does not provide an irrebuttable defence to accused who have been granted ..... and including all other articles and chapters where the spirit of the constitution should be more easily and ..... violence to logic at his own fancy; escape to the sphere of figurative truism; get engrossed in universal eye for ..... and so do the backward classes, hence the primary task was to take constructive steps in order to boost up these classes by giving them adequate concessions, opportunities, facilities and representation in the services and, last but not the least, in the electorate so that their voices and views, grievances and needs in the parliament and state legislatures in the country may be heard, felt and ..... act, 1952 together with the rules prescribed by the central government, february 6, 1960, in the purported exercise of the powers under section 5-b of the act are unconstitutional and void and consequently sought a writ of mandamus or any other appropriate writ, direction or order for quashing the direction contained in letter dated july 3, 1969, for deletion of certain shots from .....
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