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MR JUSTICE GIBBS: The Oxfordshire County Council appeals against a decision of the Special Educational Needs Tribunal, "SENT", dated 26th June 2002. SENT decided that a child, C, now aged 14, should be placed at a school called Prior's Court as a boarding pupil, as his parents, Mr and Mrs M, had requested, but contra...
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Mr Justice Foskett: Introduction The Spanish authorities consider that the Appellant is, or at the material time was, a member or supporter of Euskadi Ta Askatasuna ('ETA'), the Basque nationalist and separatist organization. The Appellant, who was born in Bilbao, is now aged 47. Along with others the Appellant...
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OPINION OF ADVOCATE GENERAL WATHELET delivered on 22 January 2015 ( ) Case C‑519/13 Alpha Bank Cyprus Ltd v Senh Dau Si, Alpha Panareti Public Ltd, Susan Towson, Stewart Cresswell, Gillian Cresswell, Julie Gaskell, Peter Gaskell, Richard Wernham, Tracy Wernham, Joanne Zorani, Richard Simpson (Request for a preliminary ...
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Judgment of the Court of First Instance (Fifth Chamber) of 29 January 1993. - Robert Wery v European Parliament. - Conditions for the grant of the education allowance. - Case T-86/91. European Court reports 1993 Page II-00045 Summary Parties Grounds Decision on costs Operative part Keywords ++++ Officials ° Remuneratio...
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Mr Justice Norris : On 6 April 2005 Anderson Owen Limited ("the Company") was wound up by the court. Mr Merrygold was appointed liquidator. The Company had acted as an insurance intermediary, and had collected commissions when policies were incepted. Those commissions were the subject of "claw back" in the event t...
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S. Singhvi, J. Although, the prayers made in this petition filed under Article 32 of the Constitution are for quashing order dated 24.4.2011 passed by the Committee companystituted by the Chairman of the Council of States Rajya Sabha under Section 3 2 of the Judges Inquiry Act, 1968 for short, the Act and for g...
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Lord Justice Potter: INTRODUCTION: This is an appeal from the decision of Scott Baker J. dated 23 October 2001 whereby he refused permission to the appellant to claim for judicial review of the decision of the Immigration Appeal Tribunal (‘IAT’) dated 20 March 2001 by which the IAT refused the appellant permission to...
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BHAN, J. Aggrieved against the judgment and decree dated 16.3.2000 passed by the High Court of Delhi, in Regular First Appeal No. 507 of 1993 whereby the High Court has allowed the appeal by setting aside the judgment and decree passed by the District Judge hereinafter referred to as the Trial Court and dismissing t...
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Judgment of the Court (Sixth Chamber) of 21 July 2011 – Freistaat Sachsen and Land Sachsen-Anhalt v Commission (Case C-459/10 P) Appeal – State aid – Aid for a training project concerning certain jobs in the new DHL centre at Leipzig-Halle airport – Action for annulment against the decision declaring part of the aid in...
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Leave granted. This appeal has been filed against an order dated 11.9.1995 passed by the Designated Court companystituted under the Terrorists and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA rejecting the prayer for bail made on behalf of the appellant, who is facing trial for offence...
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Mr Justice Keith: Introduction The extent to which public authorities can be liable in tort for negligence at common law has been the subject of much debate in recent years. The topic arises in these two cases in the context of maladministration by the Home Office which resulted in asylum-seekers or members of thei...
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criminal appellate jurisdiction criminal appeals number. 217 to 233 of 1971. appeals from the judgment and order dated september 13 1971 of the calcutta high companyrt in criminal misc. cases number. 169 177 222 224 229 230 231 237 285 236 287 316 328 329 330 and 331 of 1971. niren de attorney-general d. n. mukherjee a...
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V. Raveendran J., The respondent was employed as a clerk in the Kalindri branch of the appellant Bank. He was issued a charge-sheet dated 30.8.1988. The two charges against him are extracted below On 14.10.1987, you disclosed the balance of SB Account No.1025 of Shri Dharamchand Nathaji lying in in-operative account t...
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FIRST SECTION CASE OF SEVASTYANOV v. RUSSIA (Application no. 37024/02) JUDGMENT STRASBOURG 22 April 2010 FINAL 04/10/2010 This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Sevastyanov v. Russia, ...
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Wednesday, 24th March 2004 MR JUSTICE MACKAY: This is an appeal by way of case stated from a decision of the justices sitting at the Sussex Northern Magistrates' Court made on 16th December 2003. They convicted the appellant of exceeding the gross permitted weight on a goods vehicle, contrary to Regulation 80(1)(b) ...
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The case has a chequered litigative history but we pick up the thread from 1973 when the present appellants before us initiated a case for mutation of their names which was rejected by the Anchal Adhikari, Bhabhua. Appeal filed against the aforesaid orders of the Anchal Adhikari was dismissed by the Deputy Commissione...
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WARNING The President of the panel hearing this appeal directs that the following should be attached to the file: An order restricting publication in this proceeding under ss. 486.4(1), (2), (2.1), (2.2), (3) or (4) or 486.6(1) or (2) of the Criminal Code shall continue.  These sections of the...
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LORD JUSTICE SCOTT BAKER: This is an extradition appeal under Part 1 of the Extradition Act 2003. It concerns a European arrest warrant. The Appellant, Robert Thompson, is a 42-your-old British man sought by the French Judicial Authority ("the Respondent") for conduct said to have occurred in 2001. It is said t...
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GRAND CHAMBER CASE OF GOROU v. GREECE (No. 2) (Application no. 12686/03) JUDGMENT STRASBOURG 20 March 2009 This judgment is final but may be subject to editorial revision. In the case of Gorou v. Greece (no. 2), The European Court of Human Rights, sitting as a Gran...
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LORD JUSTICE PILL: This is an application by Mr J A Layode for permission to appeal against a decision of the Employment Appeal Tribunal which dismissed an appeal from the decision of the registrar who had refused to extend time. The applicant had brought a claim against his employers alleging unfair dismissal and r...
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CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 319 and 320 of 1961. Appeals by special leave from the order dated October 23, 1959 of the Foreign Exchange Appellate Board, New Delhi, in Appeal No. 51 of 1959. V. Viswanatha Sastri, K. L. Misra, Advocate General for the State of Uttar Pradesh, B. P. Khaitan, S. K. Kapur...
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CITATION: McDonald v. Kwan, 2011 ONCA 789 DATE: 20111215 DOCKET: C53239 COURT OF APPEAL FOR ONTARIO Rosenberg, Cronk and Watt JJ.A. BETWEEN James McDonald, Dorothy June McDonald and Judith McDonald Andrew Plaintiffs (Respondents) and Hoi Ko Kwan and Po Ping Lana L...
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C. Lahoti, J. On 12.4.1972 Dena Bank hereinafter the Bank for short , who is appellant before us, filed a suit for recovery of a sum of Rs.19,27,142.29 paise with future interest and companyts against a partnership firm namely, M s Bhikhabhai Prabhudas Parekh Co. and its partners. The suit was based inter alia on a m...
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JUDGMENT ON OUTSTANDING ISSUES Lord Justice Kitchin: This is the judgment of the Court in relation to the outstanding matters following our main judgment [2012] EWCA Civ 671. They are: i) the substantive form of order; ii) costs. We would say at the outset that we have had the benefit of further written submissio...
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Order of the President of the General Court of 17 December 2009 – Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht v Commission (Case T-396/09 R) Interim measures – Obligation of the Member States to protect and improve ambient air quality – Exemption granted to a Member State – Commission’s re...
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Lord Justice Waller : On the 15th December 2005 we quashed the conviction of the appellant and these are our reasons for so doing. The quashing of this conviction is a further consequence of the gross misconduct during the 1980s by a number of police officers in the now-disbanded West Midlands Serious Crime Squad....
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JUDGMENT (1) Re. Displacement of Presumption in Article 3(1) MR. JUSTICE LINDSAY : I have before me an application by Dollar Land (Manhattan) Ltd. to restrain advertisement and any further steps being taken by Abdul Ghani El-Ajou, who has petitioned for the winding up of Dollar Land. Anyone familiar with the la...
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The appellant, Mahavir Prasad, who stands companyvicted under Section 302 I.P.C. and sentenced to undergo life imprisonment has preferred this criminal appeal challenging the companyrectness of the judgment made in Criminal Appeal No. 801 of 1971 on the file of the Rajasthan High Court at Jaipur Bench. The deceased, P...
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MR JUSTICE SAUNDERS: This is an application under CPR 5.4 (2) by the BBC for copies of documents in the court file of an application by Mr Taranissi for permission to seek judicial review of a decision by the Human Fertilisation and Embryology Authority. In that judicial review permission hearing, permission had been...
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MR JUSTICE OUSELEY : Bideford Town Council is a Parish Council in Devon, a local council under the Local Government Act 1972. Public prayers are said at full meetings of the Council, which are held in public and monthly, and on two other annual special occasions, but not at committee meetings or extraordinary meetin...
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Lord Justice Simon Brown: Receivers appointed by the court pursuant to section 37 of the Supreme Court Act 1981 and RSC Order 30 must look for their remuneration and expenses to the assets within their receivership. Such is the clearly established position at common law. What, however, is the position with regard ...
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Case C-586/08 Angelo Rubino v Ministero dell'Università e della Ricerca (Reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio) (Directive 2005/36/EC – Recognition of diplomas – ‘Regulated profession’ – Selection of a predefined number of persons on the basis of a comparative assessme...
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OPINION OF MR ADVOCATE-GENERAL ROEMER DELIVERED ON 13 OCTOBER 1970 ( ) Mr President, Members of the Court, The two references for preliminary rulings (Cases 16/70 and 17/70) which were debated during the same hearing on 16 September 1970 and on which I must today deliver an opinion relate to the interpretation of Regul...
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Judgment of the Court (Third Chamber) of 10 September 2009 – Commission v Belgium (Case C‑100/08) Failure of a Member State to fulfil its obligations – Articles 28 EC and 30 EC –Protection of species of wild fauna and flora – Legislation on the keeping and marketing of birds born and bred in captivity legally placed on...
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Mr. Justice Hart: This claim is brought by the personal representatives of the late David Strover ("the deceased") against the defendants, the deceased's brother John Strover ("J. Strover") and John Ironmonger ("Mr Ironmonger") in respect of the proceeds of a 10 year policy of assurance (issued on 8th May 1992 and ex...
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OPINION OF MR ADVOCATE GENERAL WARNER DELIVERED ON 22 FEBRUARY 1978 Contents Introductory The law The facts in general The facts — first period The facts — second period Conclusions as to the second period The facts — third period Conclusions as to the third period. The facts — fourth period Conclusions as to the fourt...
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The Honourable Mr Justice Flaux: Introduction and background The Appellant sellers appeal (with the permission of Hamblen J) a question of law arising out of the Final Award of the arbitrators, Simon Crookenden QC, Michael Baker-Harber and Simon Gault ("the tribunal") dated 8 May 2012 whereby the tribunal decided tha...
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CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 931/77 200/78. Appeals by Certificate from the Judgment and Decree dated 1.4.76 and from the Judgment and Decree dated 19.6.1975 of the Andhra Pradesh High Court in A.S. NO. 71/73 and Appeal No. 259 of 1972. Kanta Rao for the Appellants. Sitaramiah, and B. Parthasarthi for...
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Mr Justice Ryder :   These are proceedings in the Court of Protection and the Administrative Court concerning C, a young man who was born on 29 July 1992 and is aged 18. C suffers from severe autism and severe learning disabilities and exhibits extreme, challenging behaviours including severe anxiety, sensory impair...
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Dr. ARIJIT PASAYAT, J. Leave granted. Challenge in this appeal is to the judgment of a learned Single Judge of the High Court of Andhra Pradesh at Hyderabad allowing the second appeal filed by the respondent under Section 100 of the Code of Civil Procedure, 1908 in short CPC . Factual background in a nutshell is as f...
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WARNING The President of the panel hearing this appeal directs that the following should be attached to the file: An order restricting publication in this proceeding under ss. 486.4(1), (2), (2.1), (2.2), (3) or (4) or 486.6(1) or (2) of the Criminal Code shall continue.  These sections of the Crim...
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COURT OF APPEAL FOR ONTARIO CITATION: Mandel v. 1909975 Ontario Inc., 2021 ONCA 844 DATE: 20211125 DOCKET: C68675 Feldman, van Rensburg and Sossin JJ.A. BETWEEN Robert Mandel and Ellen Pike Applicants (Appellants) and 1909975 Ontario Inc., 2458730 Ontario Inc., 2458721 Ontario Inc., Harris...
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criminal appellate jurisdiction criminal appeal number219 of 1975 appeal by special leave from the judgment and order dated the 20th october of the andhra pradesh high companyrt at hyderabad in criminal misc. petition number1890 of 1975 p b basi reddy and av v nair for the appellants. m r k chaudhary and b k kanta ra...
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LORD JUSTICE PILL: On 19th September 1986, in the Crown Court at Nottingham before Tucker J and a jury, David James, John Melnichenko and Colin Richardson were convicted of grievous bodily harm with intent under section 18 of the Offences Against the Person Act 1861. They were acquitted of attempted murder and of cau...
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Judgment of the General Court (Fourth Chamber) of 15 September 2011 – Lucite International and Lucite International UK v Commission (Case T-216/06) Competition – Agreements, decisions and concerted practices – Market for methacrylates – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreeme...
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Judgments - Haward and others (Respondents) v. Fawcetts (a firm) (Appellants) and others HOUSE OF LORDS SESSION 2005-06 [2006] UKHL 9 on appeal from[2004] EWCA Civ 240     OPINIONS OF THE LORDS OF APPEAL for judgment IN THE CAUSE   Haward and others (Respondents)...
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Judgment of the Court of First Instance (Second Chamber, extended composition) of 25 June 1998. - British Airways plc, Scandinavian Airlines System Denmark-Norway-Sweden, Koninklijke Luchtvaart Maatschappij NV, Air UK Ltd, Euralair international, TAT European Airlines SA and British Midland Airways Ltd v Commission of ...
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COURT OF APPEAL FOR ONTARIO CITATION: Airia Brands Inc. v. Air Canada, 2017 ONCA 792 DATE: 20171017 DOCKET: C61094 Gillese, MacFarland and Pepall JJ.A. BETWEEN Airia Brands Inc., Startech.Com Ltd. and QCS-Quick Cargo Service GMBH Plaintiffs (Appellants) and Air Canada, AC Cargo Limited Part...
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OPINION OF MRS ADVOCATE GENERAL ROZÈS DELIVERED ON 30 JUNE 1983 ( ) Mr President, Members of the Court, A series of actions was brought against the Commission on 15 June 1981 by officials and temporary staff in relation to the conditions for the grant of the double educational allowance in respect of attendance at an e...
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LORD JUSTICE LATHAM: On 23rd March 2007 the respondents were convicted of certain offences in relation to two birds, a yellow cockatiel and an African Grey parrot, on prosecutions brought by the appellant. The only convictions with which we are concerned are convictions relating to the keeping of the two birds in c...
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Special leave petition is granted. The tenant of Shop No. 7 in 148, Pantheon Road, Egmore, whose eviction from the premises has been ordered on the ground of wilful default is the appellant in this appeal. We do number think it necessary to narrate the events leading up to the filing of the petition for eviction. Thos...
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Judgment of the Court (First Chamber) of 8 July 1999. - Criminal proceedings against Maria Amélia Nunes and Evangelina de Matos. - Reference for a preliminary ruling: Tribunal de Círculo do Porto - Portugal. - Financial assistance granted from the European Social Fund - Improper use of funds - Penalties under Community...
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Arrêt de la Cour Case C-106/03 P Vedial SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal – Community trade mark – Article 8(1)(b) of Regulation (EC) No 40/94 – Likelihood of confusion – Word and figurative mark HUBERT – Opposition of the proprietor of the national word mark ...
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LORD JUSTICE MUMMERY: This is an appeal by the Lincolnshire County Council (the Council) from the decision of the Employment Appeal Tribunal dated 17 December 1998, allowing in part an appeal by Mr Capek. His principal appeal was from the ruling of the Employment Tribunal that he had failed to show that the tribunal h...
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Mr Justice Ouseley: INTRODUCTION This case concerns a policy, DP10, in the adopted Wiltshire Structure Plan 2011 providing for the development of land in the south of Swindon for a major new housing development, the Southern Development Area, to accommodate at least 3800 dwellings. ...
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MR JUSTICE BEATSON: Section 53 of the Wildlife and Countryside Act 1981 requires a surveying authority to keep the definition map and statement under continuous review. In a decision dated 26 August 2010, following an inquiry, Mr Millman, an inspector appointed by the Welsh Ministers, confirmed the Rhondda Cynon Taff...
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Judgment of the Court (Fifth Chamber) of 24 September 1985. - The Queen, ex parte E. D. & F. Man (Sugar) Ltd v Intervention Board for Agricultural Produce (IBAP). - Reference for a preliminary ruling: High Court of Justice, Queen's Bench Division - United Kingdom. - Export refunds - Forfeiture of security - Principle o...
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Conclusions OPINION OF ADVOCATE GENERAL ALBER delivered on 12 September 2002 (1) Case C-281/01 Commission of the European Communities v Council of the European Union ((International agreements – Community competence – Legal basis – Articles 133 EC and 175(1) EC – Energy Star Agreement)) I ─ Introduction 1. The present ...
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SECOND SECTION CASE OF NOVAKOVIĆ AND OTHERS v. MONTENEGRO (Application no. 44143/11) JUDGMENT STRASBOURG 20 March 2018 This judgment is final but it may be subject to editorial revision. In the case of Novaković and Others v. Montenegro, The European Court of Huma...
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Opinion of Mr Advocate General Alber delivered on 13 November 2001. - Kingdom of Spain v Council of the European Union. - Fisheries - Regulation laying down limits on and distributing fishing opportunities among Member States - Requirement of relative stability - Fishing quota exchanges - Fishing quota for anchovy - An...
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Allowing the appeals, this Court, HELD 1.1 Section 168 3 of the Income Tax Act, 1961 makes it clear that the executor will companytinue to be assessed until the estate is distributed among the beneficiaries equally according to their several interests. This provision does number enact anything different from the preex...
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Mrs Justice Gloster: Introduction This is the court's judgment in relation to the application made by the defendant, Roman Abramovich ("Mr. Abramovich"), to strike out various parts of the Statement of Case lodged on behalf of the claimant, Boris Berezovsky ("Mr. Berezovsky") in the Commercial Court proceedings (2007 ...
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Leave granted. The question that arises for companysideration in this case is whether the High Court was justified in deciding the appeal on merits when there was numberappearance on behalf of the appellant, in view of the explanation to Order 41 Rule 17 1 of the Code of Civil Procedure. CPC . The appellant herein h...
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THIRD SECTION CASE OF SAYGILI AND FALAKAOĞLU v. TURKEY (no. 2) (Application no. 38991/02) JUDGMENT STRASBOURG 17 February 2009 FINAL 17/05/2009 This judgment may be subject to editorial revision. In the case of Saygılı and Falakaoğlu v. Turkey (no. 2), The European Cour...
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LORD JUSTICE LONGMORE: This is an appeal by Hani Hussain, the claimant and appellant, against the judgment of Mr Justice Eady handed down on 30 November 2012. The claim relates to an incident on 5 January 2005. It is alleged that the staff of King Edward VII Hospital, the respondent, negligently handled Mr Hussain w...
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MR JUSTICE WALKER: The question which arises on this appeal is whether the appellant's extradition to Poland is barred under section 11(1)(c) and section 14 of the Extradition Act 2003. Under those provisions a person is not to be extradited where it would be unjust or oppressive to do so by reason of the passage of ...
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ferred to. A distinction has to be made between statutory arbitrations and private arbitrations. What applies generally to settlement of disputes by authorities governed by public law need number be extended to a11 cases arising under private law such as those arising under the law of arbitration which is intended for ...
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FIFTH SECTION CASE OF POBEGAYLO v. UKRAINE (Application no. 18368/03) JUDGMENT STRASBOURG 29 March 2007 FINAL 24/09/2007 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Pobega...
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COURT OF APPEAL FOR ONTARIO CITATION: Turcotte v. Lewis, 2018 ONCA 359 DATE: 20180413 DOCKET: C63637 Strathy C.J.O., Juriansz and Huscroft JJ.A. BETWEEN Ryan Turcotte, Rick Turcotte and Kerry Turcotte Plaintiffs (Appellants) and Aaron Lewis, Courtney Lewis, First Student Canada , 1853780 Ontario In...
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2002 2 SCR 283 The following Order of the Court was delivered This appeal, by special leave, is from the judgment of the Division Bench of the High Court of Punjab and Haryana at Chandigarh dismissing appellants CWP No. 5436 of 1995 on February 27, 1996, following the judgment of this Court in Gram Panchayat of Vill...
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criminal appellate jurisdiction criminal appeal number 520 of 1976. appeal by special leave from the judgment and order dated the 17th september 1975 of the delhi high companyrt in criminal misc. m 212 of 1974 mukherjee and o.p. sharma for the appellant. r. mridul b.p. mridul b.p. maheshwari and suresh sethi for the...
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CITATION: Sunnybrae Springbrook Farms Inc. v. Trent Hills (Municipality), 2011 ONCA 179 DATE: 20110304 DOCKET: C52743 COURT OF APPEAL FOR ONTARIO MacPherson, Rouleau and Epstein JJ.A. BETWEEN Sunnybrae Springbrook Farms Inc. Plaintiff (Appellant) and The Corporation...
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LORD JUSTICE KEENE: On 21 August 2008, following a four day trial at Southwark Crown Court, before Mr Recorder Enoch QC and a jury, the appellant was convicted of wounding with intent to cause grievous bodily harm contrary to section 18 of the Offences against the Person Act 1861. On 12 September 2008 she was sente...
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OPINION OF MR ADVOCATE GENERAL CAPOTORTI DELIVERED ON 5 OCTOBER 1982 ( ) Mr President, Members of the Court, 1. May I first briefly summarize the facts of this case. By two decisions of 30 July 1980 — which were confirmed on 28 July 1981 after being suspended for a short period — the Minister of Justice of the Grand Du...
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Mr Justice Norris : By an order dated 8 October 2008 Kaupthing Singer & Friedlander Ltd ("KSF"), an authorised deposit taker, entered administration. The present applicants were appointed joint administrators. On the same day the Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities Order ...
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These appeals are against the judgment of the Customs, Excise Gold Control Appellate Tribunal for short the Tribunal dated 27-8-1997. The question for companysideration is whether the product manufactured by the appellant-assessee namely Dimethicone is classifiable under Tariff Item No. 3003.20 as claimed by the ...
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FIRST SECTION CASE OF LEDYAYEVA, DOBROKHOTOVA, ZOLOTAREVA and ROMASHINA v. RUSSIA (Applications nos. 53157/99, 53247/99, 53695/00 and 56850/00) JUDGMENT STRASBOURG 26 October 2006 FINAL 26/03/2007 This judgment will become final in the circumstances set out in Article 44 § 2 of ...
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Tuesday, 26th March 2002 LORD JUSTICE SEDLEY: Before the court is an application for permission to appeal against the refusal by Elias J on 10th September 2001 to give Mrs Chaudhari permission to apply for judicial review. The case, as Elias J said, is a tragic and most unusual one. It arises from the death of Mrs Cha...
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The minutes of our order dated 4-11-1996 extracted below, shall form part of this order During the companyrse of arguments, we have felt the necessity of having the reports of investigation which have been kept submitted to the Bombay High Court from time to time. Mr. Mendonca, Additional Director General of Police, C...
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2003 1 SCR 1075 The following Order of the Court was delivered In the year 1995 the respondent was elected as Zila Panchayat Adhyaksha in District Sultanpur, State of U.P. Certain companyplaints were received against her where in the State Government directed an inquiry to be made by the District Magistrate who in h...
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MR JUSTICE MITTING: On 15th August 2008 Bryant Homes Oxfordshire Limited submitted a planning application to develop 100 houses on a site to the east of Eynsham in West Oxfordshire. The application was considered by the West Oxfordshire Planning Committee at its meeting on 20th July 2009. It resolved that planning p...
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Lord Phillips, MR : This is the judgment of the Court. This is an appeal from the judgment delivered by His Honour Judge Hegarty QC at Liverpool on 6 July 2001 and perfected subsequently. It is brought with the permission of the Judge. It relates to the loss of some unusual goods in the course of international car...
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Lord Justice Longmore: Introduction These two appeals result from the distortion or manipulation of the London Inter-Bank Offered Rate ("LIBOR") frequently used as a reference rate in the calculation of interest in loan agreements or swap agreements. In both the current appeals banks are endeavouring to recover sums ...
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SECOND SECTION CASE OF LÁSZLÓ NÉMETH v. HUNGARY (Application no. 30211/05) JUDGMENT STRASBOURG 9 December 2008 FINAL 09/03/2009 This judgment may be subject to editorial revision. In the case of László Németh v. Hungary, The European Court of Human Rights (Second Section), s...
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MR JUSTICE SCOTT BAKER: On 11th December of last year this applicant (as he now is) was made the subject of a hospital order under section 37 of the Mental Health Act of 1983. He appealed against his sentence by leave of the single judge. Mr Whitley, for the Crown, at the commencement of the hearing, drew the co...
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Judgment of the General Court (Eighth Chamber) of 7 April 2011 – Gruber v OHIM (Run the globe) (Case T-12/09) Community trade mark – Application for Community word mark Run the globe – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regul...
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WARNING The President of the panel hearing this appeal directs that the following should be attached to the file: An order restricting publication in this proceeding under ss. 486.4(1), (2), (3) or (4) or 486.6(1) or (2) of the Criminal Code shall continue.  These sections of the Criminal Code provide: ...
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Judgment of the Court (First Chamber) of 16 February 1984. - Usines Gustave Boël and Fabrique de fer de Maubeuge v Commission of the European Communities. - Market for steel - Production quotas - Fines. - Case 76/83. European Court reports 1984 Page 00859 Summary Parties Subject of the case Grounds Decision on costs Op...
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ALTAMAS KABIR,J. This Special Leave Petition and four other Special Leave Petitions have been filed against the judgment and order of the Madhya Pradesh High Court dated 11th September, 2006, whereby the order of the Sessions Judge, Bhopal, framing charges against the accused under Section 304 Part II I.P.C. in Sessio...
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civil appellate jurisdiction civil appeal number3244 of 1988. from the judgement and order dated 8.7.1988 of the karnataka high companyrt in w.a. number560 of 1983. n. bhat s.k. kulkarni and ms. kiran suri for the appellant n bhat m.veerappa and k.h numberin singh for the respondents. the judgment of the companyrt wa...
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Lord Justice Richards : On 3 March 2006 Hertfordshire County Council ("the council") laid a large number of informations against National Grid Gas plc ("the defendant") alleging various breaches of duty under the New Roads and Street Works Act 1991 ("the Act") in respect of the reinstatement of the street following t...
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This appeal arises out of the following facts 1.1 Janardhan Pathak, the deceased, was a Gate Keeper with the Peepal Parao Forest Range which fell within the jurisdiction of Police Station Lal Kuan. As the deceased was companying out from his hut and proceeding towards the tea shop, the appellant, Mahendra Singh, who w...
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MR JUSTICE ARNOLD : Contents Topic Paras Introduction 1 Procedural history 2-9 The Claimants 10-14 The evidence in support of the claim 15-31 The draft order and draft letter 32-34 "Speculative invoicing" 35-37 ACS:Law and Media CAT 38-55 Infringement claims brought by Golden Eye 56-58 Similarities and diffe...
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FOURTH SECTION CASE OF MIERNICKI v. POLAND (Application no. 10847/02) JUDGMENT STRASBOURG 27 October 2009 FINAL 10/05/2010 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. In the ca...
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Opinion of Mr Advocate General Van Gerven delivered on 28 January 1992. - J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities. - Additional levy on milk - Non-contractual liability. - Joined cases C-104/89 and C-37/90. European Court reports 1992 P...
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CIVIL APPELLATE JURISDICTION Civil Appeal No. 1315 of 1972. Appeal by certificate from the judgment and order dated October 28, 1969 of the Delhi High Court at New Delhi in Letters Patent Appeal No. 93 of 1967. C. Chagla, S. K. Mehta and K. R. Nagaraja, for the appellant. D. Chawla, H. K. Puri and S. K. Dhingra, for th...
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OPINION OF ADVOCATE GENERAL MENGOZZI delivered on 17 November 2009 1(1) Case C‑451/08 Helmut Müller GmbH v Bundesanstalt für Immobilienaufgaben (Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany)) (Public works contracts – Public works concessions – Sale of land by a public authority – W...
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ORIGINAL JURISDICTION Petition No. 9 of 1957. Petition under Article 32 of the Constitution of India for enforcement of fundamental rights. D. Sharma, for the petitioner. K. Daphtary, Solicitar-General of India R. H. Dhebar and T. M. Sen, for the respondents. 1959. December 2. The Judgment of the Court was delivered by...
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SECOND SECTION CASE OF TÜRK v. TURKEY (Application no. 22744/07) JUDGMENT STRASBOURG 5 September 2017 FINAL 05/12/2017 This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Türk v. Turkey, The ...
1
esOPINION OF ADVOCATE GENERAL M. POIARES MADURO delivered on 19 May 2004 (1) Case C-170/03 Staatssecretaris van Financiën v J.H.M. Feron (Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) (Importation of motor vehicle by private individual – Exemption from payment of tax – Council Dir...
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