Court : Supreme Court of India
..... depreciation of relevant roads and the collection of the exaction involves no substantial interference with the movement. the expression reasonable compensation is convenient but vague. the standard of reasonableness can only lie in the severity with which it bears on traffic and such evidence of extravagance in its assessment as comes from general considerations. ..... tax treatment as a measure to do so in a manner that would be forbidden by article 304(a). this submission undoubtedly carries a degree of weight. but equally, parity of tax treatment between goods produced and manufactured in a state and those which are imported from other states must be balanced with ..... and commerce and the incidents of the transaction which do not give it necessarily the character of trade and commerce. such matters relating to hours, equipment, weight/size of load, lights, which form the incidents of transportation, even if inseparable, do not give the transaction its essential character of trade or commerce. .....
Tag this Judgment!Court : Supreme Court of India
..... , if while enacting legislation pertaining to transfer of judicial power, parliament does not ensure, that the newly created court/tribunal, conforms with the salient characteristics and standards, of the court sought to be substituted. (iv) constitutional conventions, pertaining to constitutions styled on the westminster model, will also stand breached, if while enacting ..... final appointment vests in the highest authority of the executive, the power is subject to a mandatory consultative process which by convention is entitled to great weight by the president. apart from these safety valves, checks and balances at every stage, where the power of the president is abused or misused or ..... effect of straining the adjudicatory, as well as, the judicial system. it was pointed out, that the judicial system was already heavily burdened by the weight of significant number of unresolved cases. it was submitted, that the addition of cases each year, added not only to the inconvenience of the taxpayer, .....
Tag this Judgment!Court : Supreme Court of India
..... 377 ipc is to penalise sexual acts which are against the order of nature ; that the provision is based on traditional judeo-christian moral and ethical standards and is being used to legitimise discrimination against sexual minorities; that section 377 ipc does not enjoy justification in contemporary indian society and that the section s ..... colonel sleeman advises the omission of both these clauses, deeming it most expedient to leave offences against nature silently to the odium of society. it may give weight to this suggestion to remark that the existing law on the subject is almost a dead letter, as appears from the fact that in three years only ..... is important in this context to bear in mind that the test of reasonableness, wherever prescribed, should be applied to each individual statute impugned, and to abstract standard, or general pattern, of reasonableness can be laid down as applicable to all cases. the nature of the right alleged to have been infringed, the underlying purpose .....
Tag this Judgment!Court : UK Supreme Court
..... said that there was any substantive debate by members of the legislature on the continued justification in light of modern day penal policy and of current human rights standards for maintaining such a general restriction on the right of prisoners to vote." (para 79). 133. the court concluded as follows, at para 82: " ..... , in matters of general policy, on which opinions within a democratic society may reasonably differ, the role of the domestic policy-maker should be given special weight." see also scoppola, para 83 and s yler, para 33. within the domestic legal context, it is now therefore for parliament as the democratically elected ..... pointed out that the court in its recent decision in animal defenders international v united kingdom (application no 48876/08, 22 april 2013) demonstrated the "considerable weight" that it was prepared to attach to "exacting and pertinent reviews, by both parliamentary and judicial bodies, of the complex regulatory regime governing political broadcasting in .....
Tag this Judgment!Court : US Supreme Court
..... o. t. 2012, no. 12 144, pp. 2 3 ( [t]he district court s factual findings are compelling and should be given significant weight ); id., at 25 ( under any standard of review, this court should credit and adopt the trial court s findings because they result from rigorous and exacting application of the federal rules of evidence, ..... that the president has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a heightened standard of scrutiny. id., at 191. the department of justice has submitted many 530d letters over the years refusing to defend laws it deems unconstitutional, when, for ..... 432, 440 (1985) ; cf. id., at 452 453 (stevens, j., concurring) ( it would be utterly irrational to limit the franchise on the basis of height or weight; it is equally invalid to limit it on the basis of skin color. none of these attributes has any bearing at all on the citizen s willingness or ability to .....
Tag this Judgment!Court : US Supreme Court
..... important differences between those proceedings and preclearance proceedings; the preclearance proceeding not only switches the burden of proof to the supplicant jurisdiction, but also applies substantive standards quite different from those governing the rest of the nation. 679 f. 3d, at 884 (williams, j., dissenting) (case below). all this ..... . the dissent relies on second-generation barriers, which are not impediments to the casting of ballots, but rather electoral arrangements that affect the weight of minority votes. that does not cure the problem. viewing the preclearance requirements as targeting such efforts simply highlights the irrationality of continued reliance ..... contemporary evidence, to be working to advance the legislature s legitimate objective. iii the 2006 reauthorization of the voting rights act fully satisfies the standard stated in mcculloch, 4 wheat., at 421: congress may choose any means appropriate and plainly adapted to a legitimate constitutional end. as we shall .....
Tag this Judgment!Court : Supreme Court of India
..... trips) was arrived at and it came into force on january i, 1995. the trips agreement is the most comprehensive multilateral agreement to set detailed minimum standards for the protection and enforcement of intellectual property rights, and aims at harmonizing national intellectual property systems. all members of the world trade organisation (wto) are ..... doses of approximately from 1 to 1000 mg, especially from 50 to 500 mg, are administered to a warm-blooded animal of approximately 70 kg body weight according to species, age, individual condition, mode of administration and the individual syndrome.the invention relates also to pharmaceutical compositions comprising an effective amount, especially ..... , 30 ml water is added to it.step 9 - substance is cooled overnight to 25 degrees celsius, filtered and dried at 65 degrees celsius, until weight is constant. this results in alpha crystalline form.step 10 - alpha form is stirred in methanol for two days at about 25 degrees celsius. then the .....
Tag this Judgment!Court : Supreme Court of India
..... was arrived at and it came into force on january i, 1995. the trips agreement is the most comprehensive multilateral agreement to set detailed minimum standards for the protection and enforcement of intellectual property rights, and aims at harmonizing national intellectual property systems. all members of the world trade organisation ( ..... | | |to 500 mg, are administered to a |picture in question, effective | | |warm-blooded animal of |doses, for example daily doses of| | |approximately 70 kg body weight |about 1-2500 mg, preferably | | |according to species, age, |1-1000 mg, especially 5-500 mg, | | |individual condition, mode of |are administered to warm-blooded ..... of approximately from 1 to 1000 mg, especially from 50 to 500 mg, are administered to a warm-blooded animal of approximately 70 kg body weight according to species, age, individual condition, mode of administration and the individual syndrome. the invention relates also to pharmaceutical compositions comprising an effective .....
Tag this Judgment!Court : Supreme Court of India
APPEALS RELATING TO DEATH SENTENCE PART-1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1728 of 2007 Yakub Abdul Razak Memon .... Appellant(s) vs. The State of Maharashtra, through CBI , Bombay . Respondent(s) WITH Criminal Appeal No.609-610 of 2008 WITH Criminal Appeal No.628-629 of 2008 WITH Criminal Appeal No.637-638 of 2008 WITH Criminal Appeal No.365 of 2008 WITH Criminal Appeal No.864-865 of 2008 WITH Criminal Appeal No.897 of 2008 WITH Criminal Appeal No.941-942 of 2008 AND Death Reference Case No.1 of 2011 ******** REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION 1 2 CRIMINAL APPEAL No.1728 OF 200.Yakub Abdul Razak Memon .... Appellant (s) Versus State of Maharashtra thr., CBI, Bombay .... Respondent(s) With Batch JUDGMENT P. Sathasivam, J.1) This appeal and the connected matters have been directed against the final orders and judgments of conviction and sentence passed on various dates by the Presiding Offic...
Tag this Judgment!Court : UK Supreme Court
..... where incorporated through european directives), and is no longer directly relied on in this appeal, the decisions of the committee deserve respect on issues relating to standards of public participation. 101. the committee, by a decision adopted on 25 february 2011, rejected all the allegations of breach of the convention. in particular ..... convention), but rather "a document relating to a specific activity". it seems therefore that this case has not disclosed any defects in domestic procedures judged by european standards. remedies 102. two issues have been argued before us in relation to the procedure: (i) discretion (ii) standing. on the latter issue, i have ..... substantial compliance with the directive could enable the planning permission in this case to be upheld." 127. although of course these statements carry great persuasive weight, care is needed in applying them in other statutory contexts and other factual circumstances. not only did they rest in part on concessions by counsel .....
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