Court : European Court of Human Rights
Decided on : Apr-29-2014
1. The case originated in an application (no. 60092/12) against the Republic of Lithuania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (œthe Convention?) by a Lithuanian national, Mr Z.J. (œthe applicant?), on 11 September 2012. 2. The Lithuanian Government (œthe Government?) were represented by their Agent, Ms E. Baltutyt—. 3. The applicant alleged in particular that court decisions refusing to grant him custody of two of his children had violated his right to respect for his family life under Article 8 of the Convention. 4. On 17 December 2012 the application was communicated to the Government. Pursuant to Rule 47 4 of the Rules of the Court, the Chamber decided of its own motion to grant anonymity to the applicant. THE FACTS I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born in 1960 and lives in iauliai. 6. The applicant was married to V.J., with whom he had two boys “ T.J....
Tag this Judgment!Court : Kerala
Decided on : Nov-17-2014
..... measure of judicial procedure." the apex court had also occasion to consider in several cases the distinction between administrative and quasi judicial functions. it is sufficient to refer to the judgment of the apex court in indian national w.p(c) no.26691 of 2010, etc. -:307. :- congress v. institute of social welfare [(2002) 5 scc685. the apex court in the said case had occasion to examine section 29a of the representation of peoples act, 1951 in the context of nature of function which is performed by the election commission. section 29a provided for registration ..... has to be justified by the state on judicially justiciable standards. measures designed to achieve greater social justice, may ..... and rules are ultravires to the act. rules 17 to 20 have been framed to give effect to section 19 of the act. section 19(3) is ..... part of the legislative process, has to be given its due weight and effect. the constitution bench judgments of the apex court as ..... enforcement of the 1971 act and w.p(c) no.26691 of 2010, etc. -:54. :- enforcement of the 2003 act land has become forest. forest sites and land have been notified as ecologically fragile land even though they were not contiguous to any reserve or vested forest and were separated by river or touching with reserve or vested forest only at edges. there was no dominent purpose of the act ..... 1985)3 scc661. in the above case, presidential assent was sought for by the state legislature on punjab village common lands (regulation) act, 1953 .....
Tag this Judgment!Court : Delhi
Decided on : Mar-13-2014
..... not possible to comply with the provisions of sub-sections (4) and (5) of section 100 of the criminal procedure code. in the case of a seizure under the motor vehicles act, there is no provision for preparing a list of the ..... e. in the present case, the fir was lodged at 5:40 am on 17.12.2012 and only after the registration of the fir, the investigating officer went to the spot.301. on the aspect ..... examined by the prosecution. in such circumstances, the supreme court opined that different and contradictory standards of appreciation of evidence had been adopted to the detriment of the accused resulting in grave ..... life being endangered because of the protective arm of the community and on account of the rule of law enforced by it. the very existence of the rule of law and the fear of being brought to book ..... the following observations:- (scc, page 239, paras 15 and16) in our opinion, the measure of punishment in a given case must depend upon the atrocity of the crime; the conduct of the criminal ..... a magistrate there is no specified statutory form for such recording. consequently, what evidential value or weight has to be attached to such statement necessarily depends on the facts and circumstances of each particular cas ..... the supreme court in ram singh and others vs. col. ram singh, 1985 (suppl) supreme court cases 611 dealing with this aspect held as ..... , it is not in dispute that the incident occurred on 5-32003 and she sustained 54% burns and, ultimately, she died only on 18-4-2003. in other .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-25-2014
..... enforcement of provisions of section 17(2) of the said act and got themselves registered or acquired right to be registered, there is no question of getting the protection under sub-section (3) of section 17 of the said act. it is to be stated here that there is also no challenge as to the validity of the said central act ..... . the first controversy arose with reference to the administrative tribunals act, 1985, which was enacted under article 323a of the constitution. in s. ..... not being recognized under the said act, registration obtained by any person as a medical ..... 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 ..... standards of the judiciary. such an exercise will be part of the checks and balances measures to maintain the separation of powers and to prevent any encroachment, intentional or unintentional, by either the legislature or by the executive. xxx xxx xxx 113. when the administrative tribunals were constituted, the presence of members of civil services as technical (administrative) members was considered necessary, as they were well versed in the functioning of government departments and the rules and procedures ..... act, were sought to be assailed. the provisions of the ntt act were challenged, on the premise, that they had trappings of executive control, over the adjudicatory process vested with the ntt, and therefore, were liable to be set aside as unconstitutional.54 .....
Tag this Judgment!Court : Chennai
Decided on : Jan-23-2014
..... m 20.5.2003, section 48 of the patents act, 1970 conferred a right upon the patentee to have some weight on the basis of registration. but, it does ..... court in alert india vs. naveen plastics {1997 ptc (17) 15 (delhi)}. in the said case, the product in question was the sole of ..... section. interestingly, the above paper presented by bradish and others shows that all prosthesis are custom made, with dimensions being determined by measurement from the patient's radiographs. one paragraph from the said paper is of interest and hence, it is reproduced as follows : ".the standard ..... 141. in windsurfing international inc. vs. tabur marine, great britain limited [1985 rpc59, the plaintiffs claimed patent in a wind propelled vehicle having an unstayed ..... section 51 and to any agreement for the time being in force.31. but, in so far as the enforcement of the rights conferred by the act is concerned, sub-section (2) of section 50 enables each of the co-patentees to seek redressal, even without accounting to the other persons. sub-section (2) of section 50 reads as follows : ".subject to the provisions contained in this section and in section ..... 54. similarly, while dealing with a suit instituted by a company incorporated under the companies act, 1956, a division bench of the bombay high court held in all india reporter limited vs ramchandra [air1961bombay292 that the provisions contained in order vi related only to procedure and that the better view would be to regard them as mere matters of procedure .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Feb-26-2014
..... into an enforceable planning obligation under section 106 of the town and country planning act 1990 to set limits to the amount of noise from racing on the circuit the proposed agreement contained a detailed set of measurement criteria by ..... he attached weight to the fact that parliament had delegated to the local planning authority the task of balancing the likely pros and cons of a proposed development, under a procedure which enabled ..... claimant are part of the character of the locality, then it is hard to see how they could be unacceptable by a standard which is to be assessed by reference to that very character furthermore, to the extent that the defendant's activities ..... may be emitted, and the activities which may produce the noise 34. subject to questions of notice and registration, the benefit and burden of an easement run with the land, and, therefore, if a right to emit ..... explained (paras 77-79 above) the judge was wrong to hold that (i) the planning permission granted in 1985 and the cleud issued in 1997 in relation to the use of the stadium, and (ii) the planning permission granted in ..... make (in particular whether the appellants knew of the planning permissions when they purchased fenland) 17. particularly where there has been a relatively long and expensive hearing, it is important that the ..... nuisance if the activity would not have been a nuisance had the alteration not occurred 54. the observations i have quoted from blackstone and abbot cj were in the context of cases whe .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-22-2014
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.295 OF2012S. RAJASEEKARAN ... PETITIONER(S) VERSUS UNION OF INDIA & ORS. ... RESPONDENT (S) JUDGMENT RANJAN GOGOI, J.1. The petitioner is a leading orthopaedic surgeon of the country and the Chairman and Head of the Department of Orthopaedic Surgery in the Ganga Hospital at Coimbatore. He was/is also the President of the Indian Orthopaedic Association, the largest professional body of orthopaedic surgeons in the country. In the course of his professional duties spanning over several decades the petitioner, while rendering professional service to victims of road accidents, has come to realise that the large number of accidents that occur every day on the Indian roads, causing loss of human lives besides loss of limbs and other injuries resulting in human tragedies, are wholly avoidable. In the light of the experience gained and propelled by a desire to render service beyond the call of duty...
Tag this Judgment!Court : Mumbai
Decided on : Dec-15-2014
..... years by the existing procedures. there is now a public realisation of the growing weight of the judicial burden. the cooperation of the bar too is forthcoming though in slow measure. drastic solutions are necessary ..... t the said amendment also violates article 268-a of the constitution and contravenes section 66 of the finance act, 1994, which is the charging section. it is further submitted that in order to attract the liability for payment of service ..... public commitment and appreciative of what is disgraceful, dis-honourable and unbecoming, judged by the standards of conduct set for this noble calling and deviations damaging to its public ..... thereafter be not in a position to carry on the business at all. therefore the provision for cancellation of registration for failure to pay the tax or for fraudulently evading the payment of it is an additional coercive process ..... one or more persons chosen by the parties with or without an umpire and an award enforceable by the sovereign power were generally unknown to ancient india. hindus recognised ..... filed in reply to this writ petition. they contain the justification and particularly in para 17, 19, 20 and 21 so also para 24 of the first affidavit filed ..... ahdul khader firm v/s. state of tamil nadu reported in air 1985 supreme court 12 and other decisions to urge that a tax unless it is ..... any manner and particularly pointed out in c. krishna moorthy's case (supra). 54. lastly, reference can usefully be made to another judgment of the hon'ble .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-28-2014
G.S. Kulkarni, J. 1. I have had the privilege of going through the erudite judgment of my learned brother Mr.Justice V.M.Kanade. Having deliberated over the arguments advanced by the learned Counsel for contesting parties in the light of the statutory provisions and authoritative pronouncement of the Supreme Court, I deeply regret my inability to persuade myself to share the view of my learned brother. Hence, this Judgment. 2. Rule. Rule is made returnable forthwith. By consent of parties , heard finally. 3. By this petition filed under Article 226 of the Constitution of India, two petitioners viz. Vital Nutraceuticals Private Ltd.-Petitioner no.1 and Indian Drug Manufacturers' Association-Petitioner no.2 having 690 members as listed in the Statement annexed at 'Exhibit C' to the petition, have inter alia challenged the action of Respondent no.2 viz. Food Safety and Standards Authority of India (hereinafter referred to as 'the Food Authority') in issuing advisories in respect of variou...
Tag this Judgment!Court : Mumbai
Decided on : Sep-03-2014
S.C. Dharmadhikari, J. 1. The Honourable the Chief Justice has constituted this Full Bench in order to resolve a conflict between the conflicting views which have been expressed by two Division Benches of this Court. In our detailed order dated 24th April, 2014 we noticed that conflict and by consent of parties we formulated the questions which have to be answered by us. They read as under:- (1) Does Section 3(1)(b) of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 read with Section 6 of the General Clauses Act, 1897 r/w Section 7 of the Bombay General Clauses Act, 1904 save the orders of exemption including all terms and conditions thereof passed under Section 20(1) of the Principal Act, namely, the Urban Land (Ceiling and Regulation) Act, 1976 and all actions taken there-under? (2) Whether, Section 6 of the General Clauses Act, 1897 r/w Section 7 of the Bombay General Clauses Act, 1904 apply to the repeal of the Principal Act by the Repealing Act, 1999? (3) Whether in view ...
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