The Supreme Court of India is the highest court of justice in India. It has jurisdiction to try cases having territorial jurisdiction in India. The Court is headed by the Chief Justice of India. Court of Record: The Supreme Court, under Article 129 and the High Court, under Article 215 have the inherent power to punish for contempt. Is Supreme Court bounded by its own decision? August 1, 2018: Supreme Court has issued notice to the Centre, States and Union Territories on a PIL seeking revision of budget for midday meals and enhancement in its calorific content. August 1, 2018: Supreme Court has said the publication of the complete draft NRC of Assam cannot be the basis of any coercive action against anyone since it is merely a draft. August 1, 2018: Supreme Court has held that conviction under Narcotic Drugs and Psychotropic Substances Act, 1985, cannot be based solely on the confessional statement of a co-accused, in the absence of a substantive piece of evidence. Darya vs State of Uttar Pradesh, AIR 1961 SC 1457: It is the duty of the Supreme Court to enforce fundamental rights guaranteed by the Constitution. Gopal Das vs Union of India, AIR 1955 SC 1: An application under Article 32 cannot lie where no fundamental rights are infringed.
This morning the Federal Circuit handed down an opinion in Smith & Nephew Inc. v. Arthrex, Inc (available here). 16,987,556 for infringing uses that did not deprive S&B of sales. The judge entered a JMOL for Arthrex, which was reversed on appeal; on remand, and over Arthrex’s objections, the court reinstated the jury verdict which forms the basis of the present appeal. Much of the dispute centers on whether the district court was correct in precluding Arthrex from relitigating certain matters on remand. The court affirms the trial court’s judgment that Arthrex was not entitled to relitigate validity. To establish entitlement to lost profits, “the burden rests on the patentee to show a reasonable probability that ‘but for’ the infringing activity, the patentee would have made the infringer’s sales,” Crystal Semiconductor Corp. TriTech Microelecs. Int’l, Inc., 246 F.3d 1336, 1353 (Fed. S&N put on evidence to show (a) what products constituted “acceptable noninfringing substitutes” for the Arthrex Bio-SutureTak, Panduit Corp. Stahlin Bros. Fibre Works, Inc., 575 F.2d 1152, 1156 (6th Cir. S&N’s percentage of sales of that class of acceptable non-infringing substitutes (considering all sellers, including Arthrex). S&N’s expert presented that calculation to the jury, which adopted it. The only aspect of the calculation meaningfully challenged by Arthrex on appeal is the identification of “acceptable non-infringing substitutes,” Panduit, 575 F.2d at 1156, by S&N’s expert as unduly narrow. We consider the evidentiary support for the jury determination bearing in mind that the object of the inquiry is to identify what products those surgeons who actually bought Bio-SutureTak anchors would have bought if Arthrex had not sold that product. ]he amount of supplemental damages following a jury verdict is a matter committed to the sound discretion of the district court.” SynQor, Inc. v. Artesyn Techs., Inc., 709 F.3d 1365, 1384 (Fed.
Samuel Blatchford is remembered these quiet tenacity and close attention to the intricacies of patent and admiralty law. This judge built a considerable reputation could diligence not only is a lawyer but also as a publisher about multi-decisions on the decisions of the circuit Court of United States the second court. Andrew Johnson in 1867 appointed the judge a Federal district Judge in the Southern district of New York and Pres Hayes in 1878 elevated him to the circuit Court. When Ward Hunt resigned from the Supreme Court in 1882, Pres Arthur failed to convince either of the existing candidates to accept the post. In his two best-known opinions, Samuel Blatchford held that it made a constitutional difference whether state legislatures made regulatory decisions themselves or delegated power to do so to agencies or commissions. In one of his cases, his majority opinion explained that the Constitution required the court to strike down the Minnesota law and establish an independent commission with the final say as to whether the railroad rates were equal and reasonable.
The Civil Term is composed of specialized departments that help the court run smoothly. Alternative Dispute Resolution (ADR) – Mediation is a confidential and informal process where opposing parties meet with a trained, neutral third party to identify issues and explore options that both parties agree on. ADR can be used in a number of departments. For example, the Commercial Division promotes the use of ADR in commercial cases to avoid prolonged litigation. The Matrimonial Mediation Pilot Program links divorcing couples with trained mediators to help them reach agreements on parenting and economic matters. Civil Commitments / Mental Hygiene – This department handles cases involving mentally ill persons – hospitalized or not – who need court orders to facilitate treatment and/or retention at or release from a mental health facility among other actions. Commercial Division – The Commercial Division helps solve complicated commercial disputes. Court Help – This office provides free comprehensive procedural advice on Supreme Court matters, such as Special Proceedings (i.e., Article 78), Matrimonial/Family proceedings, Foreclosure and other Real Property/Housing and many other proceedings to unrepresented litigants.
Ex-Parte – This office accepts all emergency applications where it is important for the party to see a judge immediately and it also processes ex-parte applications (an application where only one side is heard). Most emergency applications are brought by an order to show cause (a motion where the judge sets the return date, usually on an expedited basis). This office also handles emergency applications concerning foreclosure issues. Foreclosure – New legislation requires residential foreclosure conferences for nearly all foreclosures in New York State. Those conferences are scheduled here. Guardianship – Handles elder law matters that come under the Mental Hygiene Law, which was created to help those who can no longer help themselves. Matrimonial (Divorce) – Handles all divorces, including all emergency applications involving divorce. Motion Support – Processes notices of motions, notices of petitions, requests for preliminary conferences and proposed orders and judgments as a result of a memorandum issued through motion practice.
Congratulations to Ms. Beovides; she is 34 years old and has been a member of The Florida Bar for ten years. She began her career working for the law office of Leon Brunet. After one year, she joined Miami Dade Legal Aid and she has been an attorney working for them for the past nine years. Ms. Beovides has been a Civil Traffic Infraction Hearing Officer since 2011. She is also a member of the Voluntary Bar Liaison Committee and also the Vice-Chair of the Family Law Domestic Violence Committee of The Florida Bar. You can read Ms. Beovides’ bio from the Dade Legal Aid web page by going here. She received both her bachelor’s and law degree from UM. She fills the vacancy created by the appointment of Judge Charlie Johnson to the Circuit Court. The other five names that went up to the Governor included: Ramiro Areces, Alexander Spicola Bokor, Karl S.H.
Brown, Joe Mansfield, and Julie Nelson. No changes in the line-up of candidates that have filed to run for Circuit and County Court Judge in Miami-Dade County, but there was a big change in Broweird. Popular sitting Judge Matthew Destry drew an opponent this week when attorney Brian Greenwald filed to run against him. Greenwald served in the Broward County PD’s office for eight years. He has been in private practice as a criminal defense attorney for the past three years. Destry is the third sitting Circuit Judge in Broward to draw opposition; (also drawing opponents – Judge Stacy Ross and Judge Barbara McCarthy). Also in Broward, they have two new Circuit Court Judges. This week, Governor Scott announced that Ernest Kollra, age 62, and Alberto Rivas, age 48, have earned appointments to the Circuit Court. Kollra replaces Judge Lynn Rosenthal, who resigned, (in lieu of pending action by The Florida Supreme Court). He is in private practice in the areas of mobile home law, landlord/tenant, criminal defense, and business law. Rivas replaces Judge Laura Watson, who was removed from the bench by The Florida Supreme Court. Rivas has been a member of The Florida Bar for 20 years and has been an ASA in Broward for the past nine years.
THE MUSLIM WOMAN (PROTECTION ON DIVORCE) ACT 1986 is an important enactment which created much uproar amongst Muslims in India. The objective of the law is to protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected therewith or incidental thereto. This law was enacted after the famous decision of the Supreme Court in Shah banu’s case. Shah banu was divorced by her husband and as per Muslim personal law was not entitled to get continued maintenance from her husband. But Supreme Court granted her maintenance using section 125 of the Code of Criminal Procedure (CCP) in supersession of the personal law that governs the Muslims. This caused widespread criticism and ultimately Mr.Rajiv Ghandhi was forced to enact the above law which gives an option to parties to base their claim either under the Act or under section 125 of CCP. 1886) 8 ALL 149 as well as a devotional act. The marriage can be dissolved by Talaq and through judicial process as per the personal law applicable to the concerned Muslims. The inheritance is based on the provisions in Koran as amended by later injunctions and traditions.
In remarks after a loss in court on his asylum policy, the president said he would take steps to address the Ninth Circuit Court of Appeals. Carpenter v. Murphy has the Supreme Court once again reviewing the troubled history of the nation’s treatment of Native Americans. The specific question is whether the reservation once afforded the Creek Nation in what is now eastern Oklahoma remains a reservation for purposes of the Major Crimes Act. In a series of decisions in the past decade, most recently 2017’s Hamer v. Neighborhood Housing Services of Chicago, the Supreme Court has distinguished jurisdictional rules from non-jurisdictional claim-processing rules. What else does the Democrats’ new House majority portend? How Bad Will Things Become? Part Seven: Goodbye, New Deal and Great Society? GW law professor and economist Neil H. Buchanan continues his series of columns considering how much damage the US Supreme Court will inflict after Justice Anthony Kennedy’s retirement. Justice Ruth Bader Ginsburg fell in her office at the Court last evening. She went home, but after experiencing discomfort overnight, went to George Washington University Hospital early this morning. Tests showed that she fractured three ribs on her left side and she was admitted for observation and treatment. Updates will be provided as they become available.
The anti-civil rights gun prohibitionists wasted little time in reacting to the news that the US Senate had confirmed Neil Gorsuch to the Supreme Court to succeed the late Antonin Scalia. Oh, where to start with the whiny bitching, oh where to start. I might have started with the Everytown Mommies Demanding Illegal Mayors but they have posted no response. I guess Shannon Watts is still more worried about the dress code for people flying on United buddy passes than she is on the Supreme Court. Thus, I guess I should start with the Brady Campaign as they have been around the longest. WASHINGTON – Brady Campaign president Dan Gross issued the following statement after the Senate upended longstanding rules to force through Neil Gorsuch’s confirmation as Supreme Court Justice. The corporate gun industry spent millions to pressure senators to confirm Gorsuch by any means necessary. “The United States Senate just voted to confirm a justice whose views do not reflect the values and priorities of the American people.
Throughout the confirmation process, Judge Gorsuch avoided giving meaningful answers on a range of topics, including the Second Amendment. Despite persistent questioning, he refused to acknowledge that the Second Amendment, like all constitutional rights, was ‘not unlimited’—a point the landmark Heller decision made explicitly. This is serious cause for concern and suggests that he would be willing do the gun lobby’s bidding and prioritize his own political agenda over an open-minded, fair interpretation of the law. When a groundswell of opposition to Judge Gorsuch’s nomination surfaced, Senate Republicans changed rules—instead of the nominee—in order to make sure he was confirmed. “Anyone concerned about public safety in America should be concerned that today the Senate voted to confirm Neil Gorsuch to the Supreme Court. Given it is Friday and you probably need a laugh, both Ambler and Thomas were referred to as “gun safety experts”. When I see their Range Safety Officer certifications, then I’ll believe that they are gun safety experts.
In the meantime, I’ll just consider them charlatans pushing more gun bans and confiscations. Finally, there is the Coalition to Stop Gun Violence (sic). I see they haven’t really changed their rhetoric much since Ladd Everitt left them for greener pastures with George Takei and his group. Some things never change and CSGV’s statement shows that they are as pathetic as ever. 1 million in advertising to ensure his confirmation. “Trump and his NRA puppet-masters now have a reliable vote in Neil Gorsuch. This stolen seat was one that the gun lobby invested in, and NRA leaders now expect a return on that investment. Given all this nonsensical rhetoric, I think it would be helpful to follow the advice of Kevin Creighton and Michael Bane to read Dan Gifford’s article “Rebranding the Gun Culture”. As much as I make fun of the gun prohibitionists, I know that there are many in the mainstream media and the Northeastern power elite that will give them the time of day. For this reason, we need to fight them smarter and more effectively. We need to come up with effective terms to combat their use of “gun lobby” and “NRA puppets”.
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Anticipatory Bail u/s 438 of Cr.P.C. Judgment of Supreme Court of India. Anticipatory Bail u/s 438 of Cr.P.C. Judgment of Supreme Court of India. The appellant and respondent No.2 (hereinafter referred to as the ‘prosecutrix’) were neighbours at the relevant time and known to each other. On 29.05.2001, the prosecutrix wrote a complaint to the Assistant Police Commissioner, Crime Branch, Gaekwad Haveli, Ahmedabad City alleging the harassment that was meted out to her by the appellant over a period of time. Allegations of rape, emotional blackmail and threats were levelled against the appellant therein. The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. [arising out of Special Leave Petition (Crl.) Nos. The appellant and respondent No.2 (hereinafter referred to as the ‘prosecutrix’) were neighbours at the relevant time and known to each other. On 29.05.2001, the prosecutrix wrote a complaint to the Assistant Police Commissioner, Crime Branch, Gaekwad Haveli, Ahmedabad City alleging the harassment that was meted out to her by the appellant over a period of time.
Allegations of rape, emotional blackmail and threats were levelled against the appellant therein. The aforesaid brief resume depicts that the charge was framed against the appellant initially in the year 2001 only under Section 506(2) of IPC. The High Court took note of the circumstances which led to the addition of charge under Section 376 IPC at a belated stage. Thus, it would be necessary to take stock of those detailed events and thereafter decide as to whether the order of the High Court is sustainable or not. As mentioned above, before registration of the FIR on 31.05.2001 on the basis of the statement, the prosecutrix had filed a complaint on 29.05.2001 before the Assistant Commissioner of Police, Crime Branch. In this complaint, she stated that she is a housewife and had been residing at 1, Navpad Tenement, Opposite Nava Vikas Gruh, Behind Opera for 1½ years. She further mentioned that prior to shifting to this place, she was residing with her in-laws at Sanand for 10 years. She was married, with three children, and her husband was a Jeweller.
She alleged in the complaint that about 2½-3 years prior thereto, she had gone to C.N. Vidhyalaya where her daugher Devel was studying. To return home, she was to catch a Bus. When she was standing at the Bus Stand, the appellant, who was her neighbour, passed through that place in his car and on seeing the prosecutrix, he asked her to sit in the car as he was also going home. Though, she initially refused but thereafter she sat in the car being unaware of his malafide intentions. Thereafter, he took the car to some uninhabited place near Telav Village, beat her and forcefully raped her. He also threatened her not to narrate the above incident to anybody. Being scared of these threats, she did not tell the incident to anybody. Taking benefit of the circumstances, after one month he repeated the act of rape by giving the threat that if the prosecutrix did not agree, he would tell her husband and others.