Severability - Judgment Search Results

Joseph Severance and ors. Vs. Benny Mathew and ors.

Court: Supreme Court of India

Reported in: 2005(6)ALD17(SC); 2005(4)AWC3781(SC); 101(2006)CLT101(SC); 2005(5)CTC678; JT2005(8)SC509; 2005(4)KLT290(SC); RLW2005(4)SC2377; 2005(7)SCALE479; (2005)7SCC667

..... factual background the plaint schedule property originally belonged to francis severance the father of appellants 1 to 3 and grand father ..... entered into an agreement of licence with appellants and hilda severance with respect to the plaint schedule property under which permission ..... even otherwise the high court did not take note of several division bench s judgments of the kerala high court which .....

United States Vs. Booker

Court: US Supreme Court

..... garner then the court recognized that the unconstitutional applications of the statutes were severable from the constitutional applications the court fashioned the remedy narrowly in keeping with ..... do however agree with justice stevens that justice breyer grossly distorts severability analysis by using severability principles to determine which provisions the court should strike as unconstitutional .....

Clingman Vs. Beaver

Court: US Supreme Court

..... electoral process and no apparent reason for judicial intervention as such restrictions become more severe however and particularly where they have discriminatory effects there is increasing cause for ..... each apparently defensible when considered alone may nevertheless have the combined effect of severely restricting participation and competition even if each part of a regulatory regime might be .....

Bombay Environmental Action Group, a Society Registered Under the Soci ...

Court: Mumbai

Reported in: 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)

..... suffering from a defect of lack of legislative competence and the invalid provision is severable leaving the remaining valid provisions a viable whole this doctrine has no application where ..... it and therefore the government of maharashtra after taking into account various recommendations made by several committees has provided for additional incentives in the sense the sharing will only be .....

B. Archana Reddy and ors. Vs. State of A.P., Rep. by Its Secretary, La ...

Court: Andhra Pradesh

Reported in: 2005(6)ALD582; 2005(6)ALT364

..... fundamental doctrinal distinctions between the pauline and the nazarean or thomasine schools apart from several heresies some of which developed as distinct denominations of christian thought and have transformed ..... in judicial precedents since the dawn of our republic has been chronicled in the several judgments of mandal clear distinctions and divisions in the hindu collective the contemporaneous .....

Joseph Vs. S.i. of Police

Court: Kerala

Reported in: 2005(2)KLT269

..... the person acting in a group in furtherance of their common intention is distinguishable from several persons coming with the similar intention of having sexual intercourse with a girl individually then ..... allegations he has even admitted taking the girl from place to place during such time several others had illicit intercourse with her the other statements recorded by the other investigating .....

Hitachi Home and Life Solutions Vs. Securities and Exchange Board of I ...

Court: SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Reported in: (2006)65SCL339SAT

..... whether the application for approval would itself constitute the act of severance 32 mr chagla the learned counsel for the appellant submitted ..... can only be rebutted by a strong cogent evidence of actual severance it was submitted vehemently by mrs chidambaram that as long ..... the proposition that unless there is strong convincing evidence of severance a party who acted in concert cannot be let off .....

Dalgaon Agro Industries Ltd. (Now Known as Tasati Tea Ltd.) Vs. Union ...

Court: Kolkata

Reported in: (2006)1CALLT32(HC),2005(3)CHN428,[2006(108)FLR545],(2005)IIILLJ356Cal

..... different for the transferor employer and the transferee when both are made liable jointly and severally if damages are included within the liability of the transferor employer on transfer can the ..... to the date of transfer making both the transferor and the transferee liable jointly and severally the legislature had intended to identify the other person the transferee as employer liable along .....

Regina Vs. Secretary of State for the Home Department (Appellant) Ex P ...

Court: House of Lords

..... in deciding whether the destitute state of a particular asylum seeker is imminently approaching the severity threshold or has crossed the threshold of article 3 degradation for my part information that ..... said to be absolute its positive obligation not so state activity causing suffering of sufficient severity is categorically forbidden state passivity may be justified given the finding of the court .....

Damera Narsimha Reddy Vs. Syed Ibrahim and ors.

Court: Andhra Pradesh

Reported in: 2007ACJ1305; AIR2005AP482; 2005(5)ALD815; 2005(5)ALT609

..... liability of the petitioner and the third respondent was joint and several there was no justification for the executing court to proceed ..... where the liability is joint as distinguished from joint and several the discharge of one of the joint promisors does not ..... however the liability fastened to the judgment debtors is joint and several the principle underlying that section does not apply the decree .....