Court : UK Supreme Court
LORD HOPE (with whom Lord Kerr, Lord Wilson, Lord Reed and Lord Toulson agree) 1. This is an appeal from an interlocutor of the Second Division of the Court of Session (Lord Justice Clerk Gill, Lord Osborne and Lord Nimmo Smith) of 15 March 2012 allowing an appeal under section 88(1) of the Agricultural Holdings (Scotland) Act 2003 from a decision of the Scottish Land Court: [2012] CSIH 26, 2012 SLT 633. Section 88(3) of the 2003 Act provides that the decision of the Court of Session in any appeal made to it under section 88(1) is final. But, as the Lord Justice Clerk explained in para 1 of his opinion, the issues in the appeal to that court included the question whether section 72 of the 2003 Act was compatible with the European Convention on Human Rights. 2. Section 29(1) of the Scotland Act 1998 provides that an Act of the Scottish Parliament is not law in so far as any provision of the Act is outside the legislative competence of the Parliament. Section 29(2)(d) provides that a pro...
Tag this Judgment!Court : Madhya Pradesh
HIGH COURT OF MADHYA PRADESH : JABALPUR Election Petition No.20/2009 Ramlal Kol, son of Ramsharan Kol, aged about 36 years, resident of village Hirwara, Tahsil Mudwara, Distt. Katni ...Petitioner Versus Moti Kashyap @ Motilal, son of Late Mewalal, resident of 1220, Durga Chowk, Phootatal, Ravindra Ward, P.O. Gurundi Bazar, Jabalpur ...Respondent ------------------------------------------------------------------------------------------------------------ Shri Arvind Shrivastava, Advocate for petitioner. Shri G.S. Baghel, Advocate for respondent. ------------------------------------------------------------------------------------------------------------ Date of Hearing :10. 1.2013 Date of Judgment :10. 4.2013 JUDGMENT In this petition, election of the returned candidate viz. the respondent to Badwara Legislative Assembly Constituency No.91 has been called in question on the grounds mentioned in clause (a) and sub-clause (i) of clause (d) of sub-section (1) of Section 100 of Representation...
Tag this Judgment!Court : Mumbai
1. This appeal by the plaintiff in Special Civil Suit No.104 of 2012 before the IInd Joint Civil Judge, Senior Division, Kalyan questions the order passed by him below Exhibit-5, rejecting his application to restrain defendant No.7 from creating third party interests in the suit property pending hearing of the suit. 2. It is the appellant's case that defendant Nos.1 to 6 owned the suit land and agreed to sell it to the plaintiff by two Agreements of Sale for Rs.30,00,000/- and Rs.17,40,000/-, of which the agreement for Rs.30,00,000/- was registered on 28-1-2011 and the other agreement remained to be registered. The plaintiff paid to defendant Nos.1 to 6 Rs.13,36,600/- towards the transaction. Defendant Nos.1 to 6 however executed registered sale deed in favour of defendant No.7 on 29-3- 2012 and the plaintiff now apprehends that defendant No.7 may create third party interests pending the suit. He, therefore, sought temporary injunction by application Exhibit-5 in the suit filed by him....
Tag this Judgment!Court : Mumbai
A.M. Khanwilkar, J. 1. Rule. Rule made returnable forthwith, by consent. Counsel for the Respondents in the respective petitions waive notice. Taken up for final disposal, by consent. 2. As common questions are involved, these petitions are disposed of by this common Judgment. 3. All these petitions were proceeded together as common questions have been raised in these matters. 4. Writ Petition No.2457 of 2012 is filed by the Union representing Licensed / Approved Aircraft Maintenance Engineers employed by Respondent No.1 throughout India and abroad. 5. Writ Petition No.391 of 2013 is filed by the Union representing Licensed / Approved Aircraft Maintainance technical staff employed by Respondent No.1 throughout India and abroad. 6. Writ Petition (Lodging) No.2896 of 2012 is filed by the Union claiming to be the largest representative organisation of the Aircraft Engineers employed by Respondent No.1. 7. Lastly, Writ Petition (Lodging) No.585 of 2013 has been filed by the employees of Un...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2678 OF 201.(Arising out of SLP (C ) No.22430 of 2010) Dayanand Anglo Vedic (DAV) College Trust and Management Society ..Appellant(s) Versus State of Maharashtra & Anr. .Respondent(s) JUDGMENT M.Y. EQBAL, J.Leave granted.2. The appellant Dayanand Anglo Vedic (DAV) College Trust and Management Society has challenged the order dated 24.2.2010 passed by a Division Bench of the Bombay High Court in Writ Petition No.1053 of 2010. By the said order, the Division Bench dismissed the writ petition and refused to interfere with the order dated 26.10.2009 passed by respondent No.2 (The Principal Secretary and Competent Authority, Minority Development Department, Government of Maharashtra) withdrawing the linguistic minority status of the appellant institution which was earlier granted by order dated 11.7.2008.3. The withdrawal of the recommendation for the appellant- Society as linguistic minority institut...
Tag this Judgment!Court : Supreme Court of India
M.Y. EQBAL, J.Leave granted.2. The appellant - Dayanand Anglo Vedic (DAV) College Trust and Management Society has challenged the order dated 24.2.2010 passed by a Division Bench of the Bombay High Court in Writ Petition No.1053 of 2010. By the said order, the Division Bench dismissed the writ petition and refused to interfere with the order dated 26.10.2009passed by respondent No.2 (The Principal Secretary and Competent Authority, Minority Development Department, Government of Maharashtra)withdrawing the linguistic minority status of the appellant institution which was earlier granted by order dated 11.7.2008.3. The withdrawal of the recommendation for the appellant-Society as linguistic minority institution was on the ground that the earlier order granting recommendation was under the mistake that the trustees of the appellant were residing in the State of Maharashtra.4. The brief facts leading to this appeal are thus: The appellant-Society was formed in the year 1885; and it was ori...
Tag this Judgment!Court : Supreme Court of India
Chandramauli Kr. Prasad, J.YogendraNath Arora (hereinafter referred to as the Accused) was earlier employed as Deputy General Manager in U.P. Industrial Consultants, an undertaking of the State of Uttar Pradesh. Consequent upon reorganization of the State of Uttar Pradesh, he was taken on deputation on 23rd January, 2003 and posted as Deputy General Manager of the State Industrial Development Corporation, (hereinafter referred to as SIDCUL), a Government undertaking of the State of Uttarakhand. While working as the Deputy General Manager of SIDCUL, a trap was laid on 30th of June, 2004 and he was arrested while accepting an illegal gratification of Rs.30,000/- . This led to lodging of Criminal Case No. 168 of 2004 at Police Station Dalanwala, District Dehradun under Section 7 read with Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act). The accused was repatriated on the same day to his parent organization by the State Govern...
Tag this Judgment!Court : Supreme Court of India
Chandramauli Kr. Prasad, J. YogendraNath Arora (hereinafter referred to as “the Accused”) was earlier employed as Deputy General Manager in U.P. Industrial Consultants, an undertaking of the State of Uttar Pradesh. Consequent upon reorganization of the State of Uttar Pradesh, he was taken on deputation on 23rd January, 2003 and posted as Deputy General Manager of the State Industrial Development Corporation, (hereinafter referred to as “SIDCUL”), a Government undertaking of the State of Uttarakhand. While working as the Deputy General Manager of SIDCUL, a trap was laid on 30th of June, 2004 and he was arrested while accepting an illegal gratification of Rs.30,000/- . This led to lodging of Criminal Case No. 168 of 2004 at Police Station Dalanwala, District Dehradun under Section 7 read with Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the Act”). The accused was repatriated on the same day to his pa...
Tag this Judgment!Court : Delhi
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :06.3.2013 Judgment delivered on:13.03.2013 CO.APP. 18/2013 REAL LIFESTYLE BROADCASTING PVT LTD..... Appellant Through: Mr.Gopal Subramaniam, Sr. Advocate with Mr.Ritin Rai, Mr.Santanam Swaminathan, Ms.Kartika Sharma and Mr.Manu Sanan, Advocates. versus TURNER ASIA PACIFIC VENTURES INC. & ANR. ... Respondents Through: Mr.Rajiv Nayar, Sr. Adv. with Mr.Rishi Agarawala and Ms.Malavika Lal, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 Company petition No.20 of 2011 was filed jointly by Real Global Broadcasting Pvt. Ltd. (RGB- hereinafter referred to as the transferor company) and Real Lifestyle Broadcasting (RLB-hereinafter referred to as the transferee company/appellant) under Section 391 read with Section 394 of the Companies Act (hereinafter referred to as the said Act) seeking sanction of a scheme the qua shareholders and creditors of the aforesai...
Tag this Judgment!Court : UK Supreme Court
LORD HOPE (with whom Lord Walker, Lord Kerr, Lord Reed and Lord Carnwath agree) 1. Iceland is one of the most productive countries per capita in the world. It ranks high in economic and political stability. But the global financial crisis of 2008 exposed its dependence on the banking sector, and in the autumn of that year the nation's entire banking system failed. The dispute which has given rise to this appeal is one of the products of that crisis. It has its origin too in the fact that Iceland is a party, as are all the Member States of the European Union, to the Agreement on the European Economic Area ("the EEA Agreement") which was established on 1 January 1994. 2. On 6 December 2002 Annex IX (Financial Services) to the EEA Agreement was amended by the incorporation of Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding-up of credit institutions ("the Directive"). Landsbanki Islands hf ("Landsbanki") and its wholly ow...
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