Relation Back - Judgment Search Results

Scarborough Vs. Principi

Court: US Supreme Court

..... justified allegation requirement ante at 16 17 n 5 the court nonetheless applies the relation back doctrine to cure the omitted no substantial justification allegation in petitioner s equal access ..... allowing an applicant to avoid the express statutory limitation through judicial application of the relation back doctrine for these reasons i respectfully dissent footnote 1 also is defined as likewise .....

Chaitanya NaraIn and ors. Vs. Union of India (Uoi) and ors.

Court: Allahabad

Reported in: 2004(4)AWC3280

..... has been done vide notification dated 30 8 1990 would necessarily relate back to the year 1989 and the vacancies so created shall ..... the increase in the vacancies subsequent to cadre review would necessarily relate back to the date immediately following the date on which the ..... regards to revision of the strength of the cadre must necessarily relate back to the date on which cadre review was started or .....

Motorola India Ltd. Vs. Dss Mobile Communications Ltd.

Court: Delhi

Reported in: [2005]127CompCas318(Delhi); (2005)3CompLJ95(Del); 113(2004)DLT176; 2004(76)DRJ214; [2004]56SCL601(Delhi)

..... of the petition for winding up thereforee winding up order would relate back in the instant case to 12th october 1999 when the winding ..... the company if the effect of the relation back of the winding up order i e rating it back to the date of filing of the ..... context the provisions of section 531 of the companies act relating to fraudulent transfers were discussed and the court held that it .....

Sandvik Asia Ltd. Vs. Commissioner of Income-tax and ors.

Court: Mumbai

Reported in: 2004(3)BomCR590; (2004)189CTR(Bom)226

..... case 1995 216itr759 sc was delivered in 1995 it is a declaratory decision and thereby relates back to the date of an enforcement of the statutory provision itself 68 the contention of ..... be contended that it is in the nature of declaration of law and therefore it relates back to the date of enforcement of the enactment itself reliance is placed on the decision .....

Sandvik Asia Ltd. Vs. Cit and ors.

Court: Mumbai

Reported in: [2004]267ITR78(Bom)

..... in modis case supra was delivered in 1995 it is a declaratory decision and thereby relates back to the date of an enforcement of the statutory provision itself the contention of the ..... be contended that it is in the nature of declaration of law and therefore it relates back to the date of enforcement of the enactment itself reliance is placed on the decision .....

Pliler Vs. Ford

Court: US Supreme Court

..... and subsequently re files a second petition without unreasonable delay may have his second petition relate back to the initial timely petition ibid as explained above we need not address whether the ..... court s dismissal of ford s second petitions footnote 1 the ninth circuit here allowed relation back of amendments although no pleading remained before the federal court see ante at 4 n .....

Barji (Smt.) and ors. Vs. Thakurji Shri Dwarkadheesji and ors.

Court: Rajasthan

Reported in: RLW2004(4)Raj2068; 2004(3)WLC732

..... for the appellants that every amendment in the plaint does not relate back to the date of filing the suit reliance was placed upon ..... eviction taken by way of amendment in the plaint shall not relate back to the date of institution of suit and proceedings on new ..... counsel for the respondent landlord that grounds of eviction shall not relate back to the date of institution of the suit as far as .....

Draupadi Devi and ors. Vs. Union of India (Uoi) and ors.

Court: Supreme Court of India

Reported in: JT2004(9)SC35; (2005)139PLR143; 2004(7)SCALE456; (2004)11SCC425

..... 1947 and the covenant executed in 1948 the decision would also relate back to the date of the covenant and on that date ..... obligation arising out of any of the provisions of this constitution relating to any such treaty agreement covenant engagement sanad or other ..... issue alternative relief 76 the last issue which needs consideration relates to the alternative relief prayed for by the plaintiff in .....

Delhi Transport Corporation Vs. Virender Singh

Court: Delhi

Reported in: 116(2005)DLT266; 2005(79)DRJ120; [2005(105)FLR188]; (2005)IILLJ402Del; 2006(1)SLJ487(Delhi)

..... for permission to dismiss in those circumstances the permission would have related back to the date when the employer came to the conclusion ..... applicable to all cases applicability of law would normally be relatable to the facts of the case thus reference to the ..... before the tribunal the conclusions cannot be founded on assumptions in relation to a fact that domestic enquiry should be deemed to .....

Sh. Jatashankarsingh Ramsingh Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Ahmedabad

Reported in: (2005)(2)SLJ377CAT

..... passed by the disciplinary authority on the directions of the tribunal relates back to the date of the original order of disciplinary authority ..... the punishment order passed by the appellate authority shall also relate back to the date of passing of the order by disciplinary ..... any other penalty or tribunal modifies the penalty it shall relate back to the date of imposition of original penalty 8 we .....