Substantial Factor - Year 2012 - Judgments

Oct 01 2012 (FN)

Patrick Clive Bailey Vs. the State

Court: South Africa Supreme Court of Appeal

Decided on: Oct-01-2012

..... is a worse case than those to which i have referred or is devoid of substantial factors compelling the conclusion that such a sentence is inappropriate and unjust in the circumstances ..... ms crouse appearing for the appellant referred to three considerations which she submitted qualified as substantial and compelling circumstances to justify a lesser sentence than life imprisonment first that remorse .....

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Dec 11 2012 (TRI)

Suman D. Mane and Others Vs. Director Grant Medical Foundation Ruby Ha ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Decided on: Dec-11-2012

..... medical negligence applying the bolam test or the test but for or substantial factor to establish a proximate cause sunil adhye vs shailesh puntambekar and others 2012 1 cpr ..... the complainants there is absolutely no expert opinion placed on the record to prima facie substantiate the above referred allegations material placed on the record does not disclose per se medical .....

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Apr 24 2012 (TRI)

Fatima M. Shaikh Vs. the Dean Department of Maxillofacial Oral Surgery ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Decided on: Apr-24-2012

..... sc 15 in the instant case bolam test but for test and substantial factor test all failed to establish any breach in standard of care for which treating doctors ..... dental college 18 description of the party is not a technical flaw it raised a substantial question of fastening liability section 2 1 g of the act which defines deficiency .....

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Nov 26 2012 (FN)

Piet Kwanape Vs. the State

Court: South Africa Supreme Court of Appeal

Decided on: Nov-26-2012

..... the court below did not consider the appellants mitigating factors to constitute substantial and compelling circumstances those mitigating factors must of course be weighed against the aggravating ..... effect of the mitigating factors weighed against the aggravating features of which the court below should have taken cognisance constituted substantial and compelling circumstances consequently .....

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Mar 26 2012 (FN)

Zivotofsky Vs. Clinton

Court: US Supreme Court

Decided on: Mar-26-2012

..... case illustrates the proper application of baker s six factors has generated substantial confusion in the lower courts i concur in the ..... a coordinate political department as envisioned by baker s first factor abstention is warranted because the court lacks authority to ..... presented nbsp nbsp nbsp nbsp the second and third baker factors reflect circum stances in which a dispute calls for decisionmaking .....

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May 17 2012 (HC)

Essel Shyam Communication Ltd and Another Vs. Commissioner of Income T ...

Court: Delhi

Decided on: May-17-2012

..... is inextricably linked with providing the qualifying activities is and would be the determinative factor the substantial question of law is accordingly answered an order of remit is passed with a ..... profit and gains of the stipulated industrial undertaking 12 the legal contention of assessee is substantially correct however what was relevant and required examination was the contracts under which the .....

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Jan 10 2012 (HC)

Trexim Corporation Vs. Fortis Securities Ltd

Court: Delhi

Decided on: Jan-10-2012

..... production of the order books the arbitral tribunal held that substantially all the factors required to be detailed in an order book were ..... not deposited with nse the margins for these transactions these factors lend credence to the submission of trexim that the transactions ..... on the question of non production of contract notes the factors that weighed with the arbitral tribunal were that the order .....

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Feb 14 2012 (HC)

Dr.R.Kannapiran Vs. the Secretary to Government of Tamil Nadu

Court: Chennai

Decided on: Feb-14-2012

..... authorities concerned and the same was not withheld by the petitioner herein the said factor is also substantiated by the letter written by the petitioner dated 07 06 2008 wherein it was ..... such a delay of two years in issuing the charge memo apart from the said factor the charge memo dated 28 05 2008 does not disclose on what basis or on .....

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Aug 21 2012 (HC)

India Tv Independent News Service Pvt. Ltd. and Others Vs. Yashraj Fil ...

Court: Delhi

Decided on: Aug-21-2012

..... works 8211 as a qualitative component of substantial similarity 8211 the court hedged the factors of i the length of time the ..... 28 whereas the incorporation of the notion of observability into substantial similarity determination appears to be good in theory it is ..... work but factor such as length of time the copyrighted work is displayed is an awkward fit in the substantial similarity analysis .....

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Mar 05 2012 (HC)

Ms. Sbi Global Factors Ltd Vs. M/S Suryachakra Power Corporation Ltd

Court: Andhra Pradesh

Decided on: Mar-05-2012

..... period of one year subject to reduction of a substantial part of the loan in relation to the domestic factoring facility and reverse factoring facility in different intervals and to close the loan ..... manulabenbapalalgosalia v shantilalkhushaldas and brothers p ltd8 if the debt is not disputed on some substantial ground the court may decide it on the petition and make the order amalgamated commercial .....

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