Judgment Search Results Home > Cases Phrase: tokyo convention act 1975 section 2 definitions Page 1 of about 17,032 results (0.253 seconds)

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Court : House of Lords

..... this aspect of the case is section 100 of the scotland act which provides: "(1) this act does not enable a person - (a) to bring any proceedings in a court or tribunal on the ground that an act is incompatible with the convention rights, or (b) to rely on any of the convention rights in any such proceedings, unless he would be a victim for the purposes of article 34 of the convention (within the meaning of the human rights act 1998) if proceedings in respect of the act were brought in the european court ..... review on the ground that a decision of the ministers was beyond their competence under the scotland act because it was incompatible with his convention rights at a time when, by reason of section 7(5), he could not bring judicial review proceedings of the same decision under the hra. ..... rights act does not mention the scotland act, although it refers in its definition of "subordinate legislation" in section 21(1) to acts ..... long ago as 1974 lord wilberforce in hoffmann-la roche(f) and co ag v secretary of state for trade and industry [1975] ac 295 referred at 359 to english law's "unwillingness to accept that a subject should be indemnified for loss sustained ..... that an individual has suffered loss because of an invalid administrative act does not in itself entitle him to be indemnified: stair memorial encyclopaedia, vol 1, administrative law, para 333; see also f hoffmann-la roche and co ag v secretary of state for trade and industry [1975] ac 295, 359h, per lord wilberforce. .....

Ftc Vs. A.P.W. Paper Co., Inc.

Court : US Supreme Court

..... whose legislation may not now be adequate shall take or shall recommend to their legislatures such measures as may be necessary at all times:" " a ) to prevent the use by private persons or by societies other than those upon which this convention confers the right thereto, of the emblem or of the name of the red cross or geneva cross, as well as any other sign or designation constituting an imitation thereof, whether for commercial or other purposes;" " * * * *" "the prohibition mentioned in subparagraph ..... 487, 492, stated: "whatever may have been the policy before, congress has now definitely declared in the proviso of the latter act that it would permit such marks if they antedated 1905. ..... section 4 of the american red cross act of january 5, 1905, forbade "any person or corporation, other than the red cross of america, not now lawfully entitled to use the sign of the red cross, hereafter to use such sign . . . ..... " that section was amended by the act of june 23, 1910, 36 stat. ..... the section, as so amended, grants to the american national red cross the fullest protection it is possible to afford it by congressional enactment, and, at the same time, amply protects the concerns possessing vested property rights in the emblem. ..... " that section was amended in 1910 so as to forbid the use of the symbol or the words "red cross" for the purpose of trade or as an advertisement "to induce the sale of any article" or "for any business or charitable purpose" by any person other .....

Renusagar Power Company Vs. General Electric Company

Court : Mumbai

Reported in : 1990(1)BomCR561; (1990)92BOMLR70

..... the buyers applied to the calcutta high court under section 5 of the arbitration (protocol and convention) act, 1937 for filing of the award and for judgment and decree in terms of the award ..... section 6(2) of the arbitration (protocol and convention) act, 1937 is identical with section 6(2) of the foreign awards (recognition and enforcement) act, ..... under section 7 of the arbitration (protocol and convention) act, 1937 which was a result of the geneva convention, in order that a foreign award may be enforceable, it must have become final in the country in which it was ..... considering the argument whether section 35 of the arbitration act, 1940 can be extended to arbitrations under the arbitration (protocol and convention) act, 1937, p.b. ..... reported in : air1956cal644 , a division bench of the calcutta high court considered the provisions of the arbitration (protocol and convention) act, 1937 which are similar to those contained in section 3 of the foreign awards (recognition and enforcement) act, 1961. ..... the concept of a judgment as defined by the code of civil procedure seems to be rather narrow and the limitations engrafted by sub-section (2) of section 2 cannot be physically imported into the definition of the word 'judgment' as used in clause 15 of the letters patent because the letters patent has advisedly not used the terms 'order' or 'decree' anywhere ..... state of uttar pradesh, reported in : [1975]1scr575 the supreme court considered the public policy aspect of the rent control .....

Ramakkammal Vs. C.G. Subbarathnam Iyer and ors.

Court : Chennai

Reported in : AIR1953Mad13; (1952)IIMLJ416

..... appeal the chief court held that the mortgage in question was an anomalous mortgage and not a combination of a simple mortgage and a usufructuary mortgage and therefore section 68 of the act was inapplicable, as it was excluded by section 98 and passed a decree for possession only in accordance with the terms of the mortgage deed in substitution of the decree for sale granted by the learned ..... payment of the mortgage money under section 58 and for the sale of property under section 67 is therefore maintainable, as such a "mortgage is not an anomalous mortgage within the meaning of old section 98, under the old law, an anomalous mortgage was not included within the definition of "mortgage" under section 58. ..... 259 (fb) is no longer good law in view of the amended definition of a "usufructuary mortgage" in section 58 of the transfer of property act. ..... in possession of the property and if the suit was instituted within the period of 35 years, the judicial committee held that as the plaintiff was deprived of part of his security, he was entitled under section 68 of the act to recover the mortgage money as it became payable under s, 68 in conseauence of the failure to deliver possession. ..... as the definition of "anomalous mortgage" is now transferred with modifications to section 58 and is added as clause (g) to that section, which does not expressly exclude the combination of simple mortgage and usufructuary mortgage, it would seem to follow that such a mortgage would be an anomalous mortgage .....

Coal India Limited Versu Anadian Commercial Corporation

Court : Kolkata

..... white industries may either seem to have been impliedly overruled by fuerst day lawson or the dictum therein must be confined to a challenge to a new york convention award under section 34 of the 1996 act where the parties did not specify any seat of arbitration and, consequently, the law governing the matrix contract was also seen to be the law governing the ..... the court recorded a further argument that upon section 9(b) of the 1961 act not being included in section 51 of the 1996 act, an anomaly in the previous indian law was removed since section 9(b) of the 1961 act was inconsistent with the new york convention as an award made in a notified foreign country would be a ..... is not in india and the arbitration (it needs to be emphasised that the relevant phrase in section 2(5) speaks of arbitration and not arbitration agreement) is not covered by any agreement (in the sense of a treaty or a convention) to which india is a party or signatory, then, subject to certain other considerations as recognised in part i of the 1996 act, the provisions of the such part would apply to such arbitration and all matters pertaining thereto. ..... section 44 of the act does not define any agreement, it defines a foreign award; and, in such context, says that, subject to certain other conditions which are irrelevant to be noticed at the moment, an award within such definition would be a foreign award if it is made in pursuance of an agreement in writing for arbitration to which the convention .....

W. Wood and Son Ltd. Vs. Bengal Corporation

Court : Kolkata

Reported in : AIR1959Cal8

..... the point is not without difficulty, but giving the matter the best consideration i can, i have come to the conclusion that, it is not possible to read section 3 of the arbitration (protocol and convention) act as not limited to eases where there is not only an arbitration agreement, but, in pursuance to that agreement, a reference to an arbitration has also been made. ..... but although its inability to prove its own readiness and willingness to go to arbitration may not be an impediment to the appellant in maintaining its prayer under section 3 of the arbitration (protocol and convention) act, it could obtain an order tinder that section only if the court was satisfied that the agreement had not become inoperative or the arbitration could proceed. ..... the next step in the learned judge's reasoning is that before a court stayed any proceeding under section 3 of the arbitration (protocol and convention) act, it had to be satisfied under the express terms of the section that there was a submission to arbitration in pursuance of an agreement to which the protocol applied and it, therefore, followed that if the agreement was such that the parties had elected thereunder to go to arbitration under the national statutes, .....

Sankalchand Himatlal Sheth Vs. Union of India (Uoi) and anr.

Court : Gujarat

Reported in : (1976)17GLR1017

..... relevant question of transfer of high court judges was under discussion, saying that government of india has accepted it as a principle, that the high court judge should not be transferred except with his consent, and that this convention has worked well without fail; and till the date of the making of the speech all the transfers have been made not only with the consent of the transferees but also in consultation ..... this approach was taken by their lordships with reference to the term 'prize competitions' in section 2(d) of the prize competitions act, 1955 which was a wide and unqualified definition. ..... ramanlal : [1975]3scr935 where it is in terms held that the conferment of power under section 437a(1) on the municipal commissioner as an administrative officer to take proceedings for eviction could not be struck down as unreasonable on the ground that he was a judge in his own cause. ..... . mazdoor sangh : (1975)iillj12sc , wherein it was clearly observed that as a general principle of interpretation, where the words of a statute are plain, precise and unambiguous, the intention of the legislature is to be gathered from the language of the statute itself and no external evidence such as parliamentary debates, reports of the committees of the legislature or even the statement made by the minister on the introduction of a measure or by the framers of the act is admissible to construe those words ..... state of haryana : [1975]3scr365 and in the matter of premature retirement state of haryana v. .....

Salil Bali Vs. Union of India and anr

Court : Supreme Court of India

..... kishor urged that the definition of a juvenile or a child or a juvenile in conflict with law , in sections 2(k) and 2(l) of the juvenile justice (care and protection of children) act, 2000, was liable to be struck down and replaced with a more meaningful definition, which would exclude such ..... fixing of the age till when a person could be treated as a child at eighteen years in the juvenile justice (care and protection of children) act, 2000, was article 1 of the convention of the rights of the child, as was brought to our notice during the hearing. ..... four years after the adoption of the beijing rules, the united nations adopted the convention on the rights of the child vide the resolution of the general assembly no.44/25 dated 20th november, 1989, which came into force on ..... submitting that the juvenile justice (care and protection of children) act, 2000, was based on the provisions of the indian constitution, the united nations convention on the rights of the child, 1989, the beijing rules and the united nations rules for the protection of the juveniles deprived of their ..... juvenile justice (care and protection of children) act, 2000, is in tune with the provisions of the constitution and the various declarations and conventions adopted by the world community represented by the ..... mahajan pointed out that article 1 of the convention describes violence against women to mean any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm .....

Louisiana Vs. Mcadoo

Court : US Supreme Court

..... shall be admitted by treaty or convention into the united states while this convention is in force at a lower rate of duty than that provided by the tariff ..... " a proviso to article viii is in these words: "that, while this convention is in force, no sugar imported from the republic of cuba, and being the product of the soil or industry of the republic of cuba, shall be admitted into the united states at a reduction of duty greater than twenty percentum of the rates of duty thereon as provided by the tariff act of the united states approved july 24, 1897, and no sugar, the product of any other foreign country, ..... that this direction to continue the allowance of a reduction of 20% upon the reduced rates fixed by the underwood act is such a flagrant exercise of arbitrary power as to make it the duty of a court of equity, upon application of anyone having a definite and distinct interest, to prohibit the allowance of the reduction and require the collection of the full duty imposed by the underwood act, or, if any preferential be allowed, it be only upon the higher duty exacted by the act of 1897. ..... but what definite and distinct interest has the state of louisiana whether the rate collected be .....

In Re: Morgan Stanley and Co.

Court : Authority for Advance Rulings

Reported in : (2005)193CTRAAR161

..... of their purchases and sales cannot be termed 'capital gains'; however, if they are held as investment, the income arising to the applicant from such transactions will be classifiable as capital gains chargeable to income-tax under section 45 of the act, having regard to article 14 of the treaty, even if the applicant does not have a pe in india.the applicant is making investments in the stocks and shares and offering the profits for taxes as capital gains ..... . there is yet another strong reason, why the income cannot be treated as capital gains and that is as stock-in-trade, they are excluded from the definition of capital asset, referred to above.article 7 of the treaty would, therefore, cover the income in question.to tax the 'business income' under article 7 of the treaty it has to be shown that the applicant has a 'permanent establishment' ..... profits include items of income which are dealt with separately in the other articles of this convention, then the provisions of those articles shall not be affected by the provisions of this article ..... 8 {air transport) and 9 (shipping) of this convention, each contracting state may tax capital gains in accordance with the provisions of its domestic law.in regard to capital gains, article 14, quoted above, provides that with the exception of the gains dealt with in ..... . for the purposes of this convention, the term "permanent establishment" means a fixed place of business through which the business of an enterprise is wholly or partly carried .....