Judgment Search Results Home > Cases Phrase: tokyo convention act 1975 section 6 jurisdiction Page 1 of about 54,978 results (0.344 seconds)

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Court : House of Lords

..... the crux of 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 of human rights. ..... this is so whether the proceedings in question are civil or criminal, as issues about incompatibility with the convention rights may arise irrespective of the nature of the jurisdiction that the court or tribunal is being called upon to exercise. 11. ..... as 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 by invalid administrative action ..... as a general rule, the fact 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

..... 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;" " * * * *" ..... set in each act of legislation and at the latest five years after this convention goes into effect. ..... used or whose assignor actually used the said emblem, sign, insignia, or words for any lawful purpose prior to january fifth, nineteen hundred and five, shall be deemed forbidden by this act to continue the use thereof for the same purpose and for the same class of goods. ..... 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 ..... that section was amended by the act of ..... 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 ..... " 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 .....

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, 1961 ..... 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 made ..... 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 language of section 7 of the arbitration (protocol and convention) act, was somewhat different ..... kali nath, reported in : [1962]2scr747 the supreme court has said that it is well settled that the objection as to territorial jurisdiction of a court does not stand on the same footing as an objection to the competence of a court to try a case. ..... state of uttar pradesh, reported in : [1975]1scr575 the supreme court considered the public policy aspect of the rent control legislation .....

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

Court : Chennai

Reported in : AIR1953Mad13; (1952)IIMLJ416

..... on 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 subordinate judge. ..... in putting the mortgagee 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 anomalous mortgages are now included in section 58 of the act the application of sections 68 and 67 of the act is not excluded as under the old law. ..... the subordinate judge who tried the action held that the plaintiff was entitled to a decree for sale under section 68 of the transfer of property act and passed a decree in his favour. ..... guruva', 14 mad 232 which considers the relevant provisions of the transfer of property act holds that a covenant to pay confers a right to sue for sale of the mortgaged property under section 67 of the act. ..... narayya', 41, mad 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. .....

Coal India Limited Versu Anadian Commercial Corporation

Court : Kolkata

..... it is the very wording of the new york convention, that was inspired to make it acceptable to a larger number of countries with disparate legal systems, that makes the exercise of the jurisdiction by a judicial authority under section 45 of the act to be qualitatively different from the jurisdiction exercised by a judicial authority under section 8 of the 1996 act which has only to see if there is an arbitration agreement and whether such agreement covers the action that is before such judicial authority. ..... read in such light, the division bench opinion in 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 arbitration. ..... 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 foreign award irrespective of the law governing the arbitration agreement. .....

W. Wood and Son Ltd. Vs. Bengal Corporation

Court : Kolkata

Reported in : AIR1959Cal8

..... not inconceivable that since stay under section 3 of the arbitration (protocol and convention) act is not discretionary with the court but mandatory and since the effect of the section is that provision for an arbitration ousts the jurisdiction of the court altogether, the legislature might have considered it expedient to limit the operation of the section to cases where there had been ..... that it was subject to the jurisdiction of english courts whereas the respondent was subject to the jurisdiction of the courts in india and next contended that since both the countries were signatories to the protocol on arbitration clauses, signed in 1923 at geneva, and since the contract related to a commercial matter, section 3 of the arbitration (protocol and convention) act applied and under that section, the suit was liable to ..... 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 ..... 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. .....

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

Court : Gujarat

Reported in : (1976)17GLR1017

..... 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 ..... to know the facts.this statement itself makes it clear that the law minister was affirming the unfettered power of the transfer of a judge from one high court to another and was referring to the convention only to refute the charge which was freely canvassed by persons who were possibly either ignorant of facts or did not like to know the facts, to the effect that they were trying to interfere ..... any person who has held the office of a judge of that court or of any other high court to sit and act as a judge of the high court for the state, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the president may by order determine and have all the jurisdiction, prowers and privileges of, but shall not otherwise be deemed to be, a judge of that high court provided that ..... 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 .....

Salil Bali Vs. Union of India and anr

Court : Supreme Court of India

..... the amendments effected thereto in 2006, together with the rules framed thereunder in 2007, and the data available with regard to the commission of heinous offences by children, within the meaning of sections 2(k) and 2(l) of the juvenile justice (care and protection of children) act, 2000, we do not think that any interference is necessary with the provisions of the statute till such time as sufficient data is available to warrant any change in the provisions of the ..... writ petition (civil) no.42 of 2013 has been filed by kamal kumar pandey and sukumar, advocates, inter alia, for an appropriate writ or direction declaring the provisions of sections 2(1), 10 and 17 of the juvenile justice (care and protection of children) act, 2000, to be irrational, arbitrary, without reasonable nexus and thereby ultra vires and unconstitutional, and for a writ of mandamus commanding the ministry of home affairs and the ministry of law and justice, government of india ..... 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 2nd ..... rules indicated that efforts should be made by member countries to establish within their own national jurisdiction, a set of laws and rules specially applicable to juvenile offenders. ..... in the supreme court of india civil/criminal original jurisdiction writ petition (c) no.10 of 201.1 2 salil bali .....

Louisiana Vs. Mcadoo

Court : US Supreme Court

..... a suit against the united states, the state, though entitled as a state to appeal to the original jurisdiction of this court, must show some authority from congress under which such a suit may be brought, or ..... of any other foreign country, 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 ..... officer may by law, and at the instance of one having a particular legal interest, be required to perform a mere ministerial act not requiring the exercise of judgment or discretion, he may not be so required in respect to matters committed to him by law ..... the facts, which involve the jurisdiction of this court to entertain an original suit against the secretary of the treasury of the united states, and the determination of whether the suit is one .....

In Re: Morgan Stanley and Co.

Court : Authority for Advance Rulings

Reported in : (2005)193CTRAAR161

..... 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 ..... 54g and 54h, be chargeable to income-tax under the head "capital gains" and shall be deemed to be income of the previous year in which the transfer took place.the term "capital asset" is defined in sub section (14) of section 2 to mean property of any kind held by an assessee, whether or not connected with his business or profession, but does not include, inter aha, any stock-in-trade, consumable stores or raw materials held for the ..... 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 ..... 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 ..... . 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 .....