Court : Guwahati
..... the application of any law in relation to any of the states or union territories formed or established by the provisions of part ii by making necessary adaptations or modifications thereto by the appropriate government as may be considered necessary or expedient so that every such law with the adaptations and modifications would have perfect until altered, repealed or amended by a competent legislature or other competent authority.section 43 of the state of mizoram act, 1986, is also with the intention of continuing the existing laws in ..... force in the union territory of mizoram before the appointed date in the state of mizoram until altered, ..... legislative mandate to the contrary assumption of such an embargo would be wholly conjectural and, thus, manifestly permissible in law.the related provisions of the 1971 act and the state of mizoram act, 1986, with regard to the continuance of the existing laws, cannot by any means, be demonstrative of the inapplicability of the 1963 act, the 1966 notification being the only basis there for. .....
Tag this Judgment!Court : Chennai
..... (underlined for emphasis) in the present case, also, it is pertinent to point out that the respondents when acting under the provisions of the act, have not established that the procedural safeguards, which are the indispensible evidence of the liberty of the citizens are not impaired in any manner, by producing appropriate and relevant ..... , the detenus have submitted that when any order of detention is made by a state government or by an officer empowered by a government, the detaining authority shall, within ten days, forward to the central government, a report in respect of the order for consideration under section 3(2) of the cofeposa act. ..... perusal of the records, it is found that there is legitimate force in the said contention of the petitioners and in the petition, the petitioners have categorically stated that the hon'ble supreme court categorically stated what principle apply to english will apply tamil and the sponsoring authority has failed to inform the family members as per the supreme court guidelines except saying that the detenus permitted to inform the family members through phone. ..... the detenus have further submitted that the family members have not properly intimated about the arrest of ..... 248}, wherein it is held as follows;- ".as per various decisions of the hon'ble apex court, the following factors are considered as violation in preventive detention cases: a) non-intimation of the detention order as to any of the family members or friends within a reasonable time. .....
Tag this Judgment!Court : US Supreme Court
..... from the decision in the city of norwich that a shipowner is entitled to keep the insurance collected for loss of his own ship to today's holding that states cannot assure seamen that they, instead of the shipowner, can get the full benefit of liability policies bought in order to pay their just claims for injuries ..... promulgating the rules referred to, this court expressed its deliberate judgment as to the proper mode of proceeding on the part of shipowners for the purpose of having their rights under the act declared and settled by the definitive decree of a competent court, which should be binding on all parties interested, and protect the shipowners from being harassed by litigation in other tribunals. ..... plied only louisiana waters of the atchafalaya river; the accident which befell the vessel occurred in louisiana; all the parties save one resided in the state, and both the limitation proceeding and the damage suits are pending in the same court before the same judge. ..... 1935 and 1936 as a result of its application to personal injury and death claims resulting from the sinking of the morro castle, and did not alter those provisions of the legislation involved here, we must read the statute in the light of its expressed purposes. ..... section 29 of the act defines that term to include companies "authorized to write marine insurance or reinsurance under the laws of the united states or of a state ..... it is not for us to sit in judgment on the policy of congress in having all claims disposed ..... members .....
Tag this Judgment!Court : Guwahati
..... of power under para 2(1) of the sixth schedule to the constitution of india.precisely, the writ petition contains that the mara autonomous district council has been constituted pursuant to the provision of paragraph 20b of the sixth schedule consisting of nineteen (19) members to be directly elected through adult franchise and four members to be nominated by the governor pursuant to para 2(1) of the sixth schedule from among the eligible electors residing within 'mara autonomous district council' within the state of mizoram. ..... in absence of such challenge being made i am not called upon to decide this question in this petition.since the impugned notification dated 6th december, 2001 has been initiated by the council of ministers and the governor acting upon the advice of the council of ministers accorded his approval and, as such, i am constrained to hold that the governor has never exercised his discretionary power in issuing the impugned notification dated 6th december, 2001 ..... treatment in inserting sub-paragraph (6a) in para 2 of the sixth schedule in its application to the state of assam in paragraph 20ba while abstaining from insertion of the same in para 20bb in its application to the state of tripura and mizoram.having regard to the fact that while para 20ba in its application to the state of assam has been inserted by 'the sixth schedule to the constitution (amendment) act, 1995', the parliamentary was very much alive as to the catalogized discretionary power of the .....
Tag this Judgment!Court : US Supreme Court
..... the only support that the court adduces for its position is 403 of the restatement (third)-or more precisely comment e to that provision, which states: "subsection (3) [which says that a state should defer to another state if that state's interest is clearly greater] applies only when one state requires what another prohibits, or where compliance with the regulations of two states exercising jurisdiction consistently with this section is otherwise impossible. ..... is alleged to have occurred here, are not properly characterized as "boycotts," and the word does not appear in the opinions.3 in fact, in the 65 years between the coining of the word and enactment of the mccarran-ferguson act in 1945, "boycott" appears in only seven opinions of this court involving commercial (nonlabor) antitrust matters, and not once is it used as justice souter uses it-to describe a concerted refusal to engage in particular transactions until the terms of ..... in his opinion for the court, judge learned hand cautioned "we are not to read general words, such as those in [the sherman] 817 act, without regard to the limitations customarily observed by nations upon the exercise of their powers; limitations which generally correspond to those fixed by the 'conflict of laws.'" ..... after iso got regulatory approval of the 1986 forms in most states where approval was needed, it eliminated its support services for the 1973 cgl form, thus rendering it impossible for most iso members to continue to use the form. .....
Tag this Judgment!Court : US Supreme Court
..... organization, taxing, and licensing of fire, casualty, and marine insurance companies in the district of columbia, and has recognized the existence of marine companies under the merchant marine act of 1922, has no relevancy to whether the provisions of state law should control the effect to be given to warranties in marine insurance policies. ..... ] on the contrary, other circuit court decisions, including the ones relied on in those few cases holding the rule to be one of federal admiralty, seem to indicate state law was followed in applying the rule, [ footnote 12 ] or that the question was decided as one of "general commercial law," a uniform practice during the era ..... it cannot be that, by this decision, the court means suddenly to jettison the whole past of the admiralty provision of article iii and to renounce requirements for nationwide maritime uniformity, except insofar as congress has specifically enacted them, ..... therefore, the scope and validity of the policy provisions here involved and the consequences of breaching them can only be determined by state law [ footnote 15 ] unless we are now ..... made and delivered in texas, the owners urged that the case was controlled by texas law, under which no breach of the provisions of a fire insurance policy is a defense to any suit unless the breach contributes to the loss. ..... outside the saving clause of the ninth section of the judiciary act of 1789. ..... the reviser's note states: "the 'saving to suitors' clause in said section 41(3) and 371 .....
Tag this Judgment!Court : Guwahati
..... it is, no doubt, true as projected on behalf of the appellant, that the present appellant is not the only one, whose appointment, as a member of the police force in the state of mizoram, is illegal; but in view of the fact that the petitioner's appointment is arbitrary, de hors the rules, termination thereof could not have been interfered with by the writ court in the name ..... by citing the gross violation of the recruitment rules in respect of appointment of police personnel by the state of mizoram, it has been contended, on behalf of the appellant, that since the government has ignored the relevant rules, while making as many as 178 appointments, it will not be fair and just to ..... notice, on behalf of the appellant, that according to the statistics available, as may as 178 number of police personnel have been recruited without advertisement in the state of mizoram between the year 2001 and 2005. ..... respondent-authority to repeat the illegality, the court is not condoning the earlier illegal act/order nor can such illegal order constitute the basis for a legitimate complaint of ..... 27.2.2004, issued by the superintendent of police, wireless, mizoram, the, said order of appointment of the petitioner was ..... mizoram, appearing on behalf of the state ..... single judge turned down the prayer of the petitioner on the ground, inter alia, that since the petitioner's appointment was de hors the rules, cancellation of his appointment by the state respondents cannot be termed as arbitrary or illegal. .....
Tag this Judgment!Court : Madhya Pradesh
..... it is stated that the act of misconduct alleged against the petitioner took place in the state of mizoram, the entire departmental inquiry was conducted in the state of mizoram, petitioner s services were terminated by the disciplinary authority stationed at new delhi and, therefore, petition before this court only on the ground that petitioner is a resident of bhopal is not maintainable. ..... while working at mizoram as junior engineer, it is stated that the petitioner was given the responsibility of supervising certain construction of road for veterinary college and ah college campus at selesih, aizwal, in the state of mizoram and in the discharge of duties in the state of mizoram as certain irregularities were committed by the petitioner, a charge- sheet was issued to him by the competent disciplinary authority; a departmental inquiry was conducted and finally petitioner s services were terminated. ..... the petitioner may have worked in madhya pradesh upto 1999, but in the year 1999 he was transferred from madhya pradesh to mizoram and while discharging his duties at mizoram in the year 2000-2001 the acts of commission and omission of the petitioner were treated as misconduct and, therefore, a departmental inquiry was conducted while petitioner was posted at mizoram and the disciplinary authority respondent no.2, issued the order of termination from new delhi. .....
Tag this Judgment!Court : Supreme Court of India
..... . to make the narration of facts complete, the provisions of the state of mizoram act, 1986 may be referred to for the purposes of bringing on record the fact of creation of the state of mizoram by the aforesaid act with effect from 20.02.1987 ..... . section 79 of the reorganisation act provided that to facilitate the application of any law in relation to any state or union territory formed under the provisions of part ii of the reorganisation act the appropriate government may, before the expiration of two years from the appointed date, make such adaptations or modifications of the law as may be necessary or expedient ..... . the aforesaid facts would demonstrate that the notification dated 14.03.1966 ex facie would not apply to the areas within the erstwhile mizo district of the state of assam once the said areas ceased to be so and came to comprise the union territory of mizoram with effect from 21.1.1972 by virtue of section 6 of the reorganisation act.10 ..... . we also do not find any substance in the arguments advanced on behalf of the appellant that the notification dated 14.3.1966 would continue to be applicable to the union territory and the successor state of mizoram by virtue of section 24 of the general clauses act .....
Tag this Judgment!Court : Guwahati
..... is sought on the sole ground that the learned counsel for the state respondents due to a bona fide mistake agreed that the state respondents would consider the claim of compensation of the village chief, whereas under section 52(3) of the north eastern area (reorganisation) act, 1971, all rights, liabilities and obligations of the existing state of assam in relation to the mizo district (all the composite state of mizoram) shall be the rights, liabilities and obligations of the union of ..... have heard the learned additional advocate general, mizoram appearing for the review petitioner state of mizoram represented by the secretary, home department, govt ..... the impugned appellate order dated 8.12.1999 reads- 'in view of the agreement arrived at between the counsel for the parties we hereby dispose of this appeal with the observations and directions that the government of mizoram would consider the claim of village chief in consultation with union of india expeditiously and preferably within a period of three (3) months from today. ..... is nothing inthe impugned appellate order directing the state respondents to pay compensation to the village chiefs in violation of any provisions of any law, and for that matter, the provisions of the north eastern area (reorganisation) act, 1971. ..... court has declined the review application mainlyon the ground that it was time barred under article 124 of the limitation act and no sufficient ground for condemnation of the delay had been alleged or made out, 9. .....
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